Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of February 19, 2018.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

M.C. v. Pantego Camp Thurman, Inc., No. 02-17-00022-CV (Feb. 22, 2018) (Sudderth, C.J., joined by Kerr and Pittman, JJ.).

Held: Although the trial court was required to take judicial notice of agency regulations promulgated in the administrative code, Appellants failed to preserve error, if any, on this point.  The trial court did not err in excluding exhibit 18, a printout of an entire subchapter of the administrative code.  Even assuming such an exhibit would ever be admissible as evidence, as offered any probative value of the exhibit was outweighed by its tendency to mislead or confuse the jury.  Finally, the jury’s verdict was not against the great weight and preponderance of the evidence.