David Coale and John Volney Co-Author “When is an Issue Tried by Consent?” in DBA Headnotes

LPHS partners David Coale and John Volney co-author the article, “When is an Issue Tried by Consent?” in the April edition of DBA Headnotes. The article presents two case examples that agree on the basic principle that an issue is not tried by consent just because evidence about that issue is admitted. In the Dallas Court of Appeals, the court of appeals examines the record “not for evidence of the issue, but rather for evidence the issue was tried.”