Cecil v. Smith

In Cecil v. Smith, 804 S.W.2d 509, 510, 34 Tex. Sup. Ct. J. 383 (Tex. 1991), the supreme court concluded, based upon the express language of the predecessor to appellate rule 33.1 (Texas Rule of Appellate Procedure 52(d)), that motions for new trial need not be "presented" to the trial court to preserve a complaint for appellate review. This exception can now be found in appellate rule 33.1(b) and applies only to motions for new trial and motions to modify judgment. TEX. R. APP. P. 33.1(b). The opinion in Cecil contains no language suggesting that its holding can be extended beyond the motions to which appellate rule 33.1(b) applies.