Objections aplenty (UPDATED)

April 9, 2018

 

As to the need to object to summary judgment evidentiary rulings – not the evidence itself – the current state of the law in Dallas is as follows: “Prior panel decisions of this Court suggest that when a party fails to object to the trial court’s ruling that sustains an objection to his summary judgment evidence, he has not preserved the right to complain on appeal about the trial court’s ruling. See Brooks v. Sherry Lane Nat’l Bank, 788 S.W.2d 874, 878 (Tex. App.—Dallas 1990, no writ). We are aware that this holding has come under criticism recently. See Miller v. Great Lakes Mgmt. Serv., Inc., No. 02-16-00087-CV, 2017 WL 1018592, at *2 n.4 (Tex. App.—Fort Worth Mar. 16, 2017, no pet.) (mem. op.). Absent a decision from a higher court or this Court sitting en banc that is on point, this Court is bound by the prior holdings of other panels of this Court.” Du Bois v. Martin Luther King Jr. Family Clinic, No. 05-16-01460-CV (April 5, 2018) (mem. op.)