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Keller, P.J., dissents. "[W]e should not address the issue of the absence of findings because it was not raised at trial, was not raised on direct appeal, was not addressed by the court of appeals, and was not raised in this Court. It should be an exceedingly rare occurrence for this Court to address on discretionary review an issue that has not been raised at any level in the judicial system. In my opinion, this is not one of those occurrences."
February 28, 2005 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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