Inc., 38 S.W.3d 103, 114 (Tex.2000). This is an objective test. New Times, Inc. v. Isaacks, 146 S.W.3d 144, 157 (Tex.2004). “For a statement to be actionable in defamation, it must expressly or impliedly assert facts that are objectively verifiable.” Palestine He perly presented and preserved this issue in the trial court, it is undisputed that Miranda never raised this issue in his brief on the merits on appeal. Instead, the dissent raised it for the first time, and Jesus attempts to adopt it in his motion for rehearing. An issue raised for the first time in a motion for rehearing is waived. Coastal Liquids Transp., L.P. v. Harris Cnty. Appraisal Disk, 46 S.W.3d 880, 885 (Tex.2001); see also Wheeler v. Methodist Hosp., 95 S.W.3d 628, 646 (Tex.App.-Houston [1st Dist.] 2002, no pet.) (<HOLDING>). Jesus cannot rely on the dissent’s raising of
holding that a partys failure to raise an issue in the opening brief waived the issue even though the party raised the issue in his reply brief holding that the failure to raise an issue in the opening brief waives the issue holding that issue in motion for rehearing is waived if original brief is not sufficient to acquaint the court with the issue and does not present an argument that would allow the court to decide the issue holding that a challenge to the weight of the evidence is waived for failure to present the issue first to the trial court holding that the petitioners failure to address an issue in the argument portion of his opening brief waived the issue