Opening Statement –> Trial by Consent

McDonald v. Four Rivers Devel., LLC addressed, inter alia, an issue of trial by consent. The appellant argued that the trial court erred in admitting evidence about a “25% profit margin requirement,” but the Fifth Court noted that the appellant mentioned the 25% profit margin in opening statement and asked about it during direct examination, thereby making the issue relevant–before later objecting to further evidence on the subject. No. No. 05-24-00431-CV (March 28, 2025) (mem. op.). (My partner John Volney and I wrote this article in Headnotes a couple of years ago about then-recent Fifth Court cases on similar trial-by-consent issues.)