Summary
The Texas Eighth Court of Appeals denied Deen Williamson’s motion requesting review of the trial court’s refusal to sign a formal bill of exceptions or prepare a judge’s bill. The court stated that these issues were not properly raised by motion but could be raised in the appellant’s brief.
Topics
Practice areas
Questions Presented
- Whether the court of appeals should review through a motion the trial court's refusal to sign the appellant's formal bill of exceptions or prepare a judge's bill.
Holdings
- The issue was not properly presented by motion and therefore the motion was denied; the appellant remained permitted to raise the issue in her brief.
Key quotations
“These issues are not properly made in a motion, but can be raised in the Appellant’s brief.” (Order)
“The denial of this motion does not prohibit Appellant from raising these issues in her brief.” (Order)
Factual background
Williamson sought to obtain a formal bill of exceptions from the trial court, or alternatively a judge's bill. The trial court refused to sign the requested bill or prepare a judge's bill. Williamson then asked the court of appeals to address that refusal through a motion.
Procedural history
The appeal arose from County Court at Law No. 2 of Dallas County, Texas. While the appeal was pending, Williamson moved for appellate review of the trial court's refusal to sign or prepare a bill of exceptions. The court denied the motion, explaining that the issues should be raised in the appellant's brief and that the denial did not bar her from doing so.