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When should a litigant file a petition for review versus an application for writ of error?

Prior to September 1, 1997, to seek Texas Supreme Court review of a court of appeals decision on an appeal, litigants needed to file an application for writ of error. From that date forward, litigants have needed to file a petition for review. See Texas Rule of Appellate Procedure 51.1; Checker Bag Co. v. Washington, 27 S.W.3d 625, 640 (Tex. App. — Waco 2000, pet. denied).

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