Crowell v. State
In Crowell v. State, 949 S.W.2d 37 (Tex. App.-San Antonio 1997, no pet.), the State argued that Crowell had waived her complaint because she failed to bring the trial court's error in setting a hearing date outside its jurisdiction to the court's attention. See id. at 38.
The court of appeals held that when a motion for new trial is presented to the trial court, the burden of ensuring that the hearing thereon is set for a date within the trial court's jurisdiction is properly placed on the party presenting the motion. See id.
Crowell failed to object to the date set and thus waived the resulting error. See id.