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Haygood v. Chandler10/31/2003
In its fifth and final issue, the Association maintains that the trial court erred by refusing to hear and grant its motions to compel Nichols, Khoury, the Nichols firm, Bishop, and the Bishop firm to produce documents in response to its requests for production. We employ an abuse of discretion standard to review a trial court's discovery rulings. General Tire, Inc. v. Kepple, 970 S.W.2d 520, 526 (Tex. 1998).
We must first note that in order to present an issue for appellate review, the record must show that a complaint was made to the trial court by a timely request, objection, or motion. Tex. R. App. P. 33.1(a)(1). The request, objection, or motion must state the grounds for the ruling that the complaining party sought from the trial court with sufficient specificity to make the trial court aware of the complaint. Tex. R. App. P. 33.1(a)(1)(A). The trial court must have ruled on the request, objection, or motion, either expressly or implicitly. Tex. R. App. P. 33.1(a)(2)(A). If the trial court refused to rule, the complaining party must have objected to the refusal. Tex. R. App. P. 33.1(a)(2)(B).
The Association failed to preserve any error regarding the trial court's discovery rulings or failure to rule because it did not object to the trial court's failure to rule on its discovery motions; therefore, this issue is waived. Accordingly, the Association's fifth issue is overruled.
Conclusion
The trial court did not err in granting summary judgment to Nichols, Khoury, the Nichols firm, Bishop, and the Bishop firm on the Association's malicious prosecution claim because the record contained no evidence that the Association suffered any special injury necessary to sustain such a claim. Likewise, no error was committed when the trial court granted summary judgment to all Appellees on the Association's intentional infliction of emotional distress because as a fictional entity, a professional association is incapable of suffering emotional distress. The Association did not properly preserve error on the remaining issues; therefore, the issues regarding the trial court's take-nothing judgment and failure to rule on outstanding discovery motions are waived.
Having found no error requiring reversal, the trial court's judgment is affirmed.
(PUBLISH)
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