Fayne v. Vincent

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the party invoking waiver has the burden of demonstrating that the issue was “in fact” waived
• noting that “[t]he jurisprudential restriction against permitting parties to raise issues on appeal that were not first raised in the trial court is premised on the doctrine of waiver.”
• awarding the appellees attorney’s fees incurred on appeal under the TCPA
• declining to find waiver where an incomplete record created an ambiguity
• “[P]arties will not be permitted to raise issues on appeal that they did not first raise in the trial court[.]”
• “The construction of a statute and its application to the facts of a case are questions of law.”

Source: CourtListener parenthetical corpus (CC0).