Texas rules about preservation of no-evidence points are generally more forgiving than the federal rules, although they are not without nuance, one of which became important in American Pride Xpress Logistics v. Joe Jordan Trucks: “Although [Appellants] moved for a directed verdict after appellee rested, and the trial court denied the motion, they proceeded to present their own evidence and did not re-urge the motion for directed verdict when the evidence closed. ‘If a party proceeds to present evidence after that party has moved for a directed verdict, such party must reurge the motion for directed verdict at the close of the case, or any error in its denial is waived.’” No. 05-20-00281-CV (Sept. 24, 2021) (mem. op.) (citation omitted).
The post When to reurge appeared first on 600 Commerce.
from Texas Bar Today https://ift.tt/3iwyOrL
via Abogado Aly Website
No comments:
Post a Comment