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A party's "failure to present on appeal a discrete challenge to liability when that party challenges damages does not defeat the plain language of [TRAP] 44.1(b) proscribing a separate trial on unliquidated damages when liability is contested." Estrada v. Dillon, 44 S.W.3d 558, 562 (Tex. 2001). In other words, a court of appeals errs in remanding a case for a new trial solely on the damages issue(s) on the ground that the complaining party did not challenge liability in its brief on appeal. Id. The mere filing of a general denial in the trial court "extends to contesting liability" on appeal. Id.

-- JoAnn Storey


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