On December 22, 2009 a
DEFN'S OBJ TO PLTF'S MOT TO REOPEN THE EVIDENCE
was filed
involving a dispute between
and
for CONTRACT, DEBT/CONTRACT
in the District Court of Tarrant County.
Preview
• CAUSE NO. 236-242600-09
•
BOBBY SIMMONS IN THE DISTRICT COURT
Plaintiff
vs. 236m JUDICIAL DISTRICT
TERRY LEE MCBRIDE
Defendant OF TARRANT COUNTY, TEXAS
.-\ -\
:;!:'.o;t. 7
DEFENDANT'S OBJECTION TO PLAINTIFF'S 0 ;::; ?'
MOTION TO REOPEN THE EVIDENCE 0~ 0 ?'
-~ ~ y-1'\
~)? ~ -:r--
tf\~
TO THE HONORABLE JUDGE OF SAID COURT:
-;:J
~ ri- I _...;\
'g~
"?
("'> • / . \ c.
NOW COMES, TERRY LEE MCBRIDE, Defendant, and files this lii-s~ef~anli.
-er-
;-0 r;: -<
Objection to Plaintiff's Motion to Reopen the Evidence. In support of these objection9efcrldant
would show the Court the following:
I.
Plaintiff is requesting a "do-over" of his presentation of his case after he rested and closed.
The proper issue is the Motion for Verdict verbally filed by Defendant at the time Plaintiff
announced that he was resting and closing.
Plaintiff quotes Rule 270 of the Texas Rules of Civil Procedure in his motion, the 4
delineated and quoted requirements, for same, in Plaintiff's paragraph II of his motion.
II.
Plaintiff goes on about the doctrine of "meeting of the minds" as a reason to reopen the
testimony. Plaintiff's Original Petition has, as a cause of action, Breach of Contract. "Meeting of the
minds is a fulcrum point of a valid contract. Plaintiff neglected to address this issue, in presenting
his case before he rested and closed.
Defendant's Objection to Plaintiffs Motion to Reopen the Evidence. wpd
Page I of 3
C:\DocsiiJOHN GAMilOA\McBride, Teny\Bobby Simmons v Terry McBride\Pieadings\De(endant's Objection to Plaintiff's Motion to Reopen the Evidence.wpd
-
• III.
•
Plaintiff's presentation of his case, or lack of proper presentation, is not a basis for a "do-
over," as Plaintiff is attempting to do pursuant to Rule 270 of the Texas Rules of Civil Procedure.
IV.
Applicable legal references are contained in Defendant's Trial Brief and incorporated herein.
v.
Plaintiff, for all this activity, is still not allowed any testimony regarding damages, as the
court sustained Defendant's objection, as stated in paragraph II ofDefendant's Trial Brief, referenced
herein and incorporated hereto, for failure to properly respond to a Rule 194(d) disclosure request.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court grant the
Motion to Dismiss or in the alternative a take nothing judgment as to damages and for such other and
further relief Defendant may be justly entitled.
Respectfully submitted,
ACUFF & GAMBOA, L.L.P.
50 I Parkview Drive, Suite 405
Fort Worth, TX 76102
(817) 885-8500
FAX (817) 885-8504
ATTORNEYFORTHEDEFENDANT
Defendant's Objection to Plaintiffs Motion to Reopen the Evidence.wpd
Page2of 3
C:IDocsliJOHN GAMBOA\McBride, Terry\Bobby Simmons v Terry McBride\Pleadings\Defendant's Objection to Plaintiffs Motion to Reopen the Evidence.wpd
•
• •
CERTIFICATE OF SERVICE
This is to certify that the above and foregoing instrument has been served on all attorneys
of record in the above styled and numbered cause in accordance with the applicable rules on this
the 27th day of September, 2012, as follows:
Via Fax to 817-334-0425
Guy H. Riddle
Bronwyn Scharar
Anderson, Riddle & Kuehler, LLP
1604 8th Ave.
Ft Worth, TX 76102
Defendant's Objection to Plaintiffs Motion to Reopen the Evidence.wpd
Page 3 of 3
C.\Docsl\JOIIN GAMBOA\McBride, Terry\Bobby Simmons v Terry McBride\Pieadings\Dcfendant's Objection to Plaintiffs Motion to Reopen the Evidence wpd
• ACUFF &
PARK
GAMBOA,
ATTORNEYS AT
PLAZA
LAW
BUILOINO
L.L.P. •
250 I PARKVIEW DRIVE, SUITE 405
FORT WORTH, TEXAS 76 I 02-58 I 6
8 I 7-885-8500 0. NICHOLAS ACUFF
FAX: 8 I 7/885-8504 1942- 2012
September 27,2012
Via Hand Delivery
236th District Court
Attn: Clerk
Justice Center
401 W Belknap St
Fort Worth TX 76196
Re: Cause No. 236-242600-09
Bobby Simmons v Terry Lee McBride
Dear Sir/Madam:
Enclosed you will please find an original and one copy of the Defendant's Objection To
Plaintiff's Motion To Reopen The Evidence to be filed in the above referenced matter.
By copy of this letter all parties have been notified.
Thank you for your assistance with this matter. Should you have any questions or concerns
please do not hesitate to advise the office.
Very truly yours,
~UJ~
DANIELL£ WERNER
Legal Assistant
Enc_
Cc: Guy H. Riddle & Bronwyn Scharar- Via Fax to 817-334-0425
Client
Document Filed Date
October 01, 2012
Case Filing Date
December 22, 2009
Category
CONTRACT, DEBT/CONTRACT
Status
DISMISSED OR NON-SUITED
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Preview
• CAUSE NO. 236-242600-09 • BOBBY SIMMONS IN THE DISTRICT COURT Plaintiff vs. 236m JUDICIAL DISTRICT TERRY LEE MCBRIDE Defendant OF TARRANT COUNTY, TEXAS .-\ -\ :;!:'.o;t. 7 DEFENDANT'S OBJECTION TO PLAINTIFF'S 0 ;::; ?' MOTION TO REOPEN THE EVIDENCE 0~ 0 ?' -~ ~ y-1'\ ~)? ~ -:r-- tf\~ TO THE HONORABLE JUDGE OF SAID COURT: -;:J ~ ri- I _...;\ 'g~ "? ("'> • / . \ c. NOW COMES, TERRY LEE MCBRIDE, Defendant, and files this lii-s~ef~anli. -er- ;-0 r;: -< Objection to Plaintiff's Motion to Reopen the Evidence. In support of these objection9efcrldant would show the Court the following: I. Plaintiff is requesting a "do-over" of his presentation of his case after he rested and closed. The proper issue is the Motion for Verdict verbally filed by Defendant at the time Plaintiff announced that he was resting and closing. Plaintiff quotes Rule 270 of the Texas Rules of Civil Procedure in his motion, the 4 delineated and quoted requirements, for same, in Plaintiff's paragraph II of his motion. II. Plaintiff goes on about the doctrine of "meeting of the minds" as a reason to reopen the testimony. Plaintiff's Original Petition has, as a cause of action, Breach of Contract. "Meeting of the minds is a fulcrum point of a valid contract. Plaintiff neglected to address this issue, in presenting his case before he rested and closed. Defendant's Objection to Plaintiffs Motion to Reopen the Evidence. wpd Page I of 3 C:\DocsiiJOHN GAMilOA\McBride, Teny\Bobby Simmons v Terry McBride\Pieadings\De(endant's Objection to Plaintiff's Motion to Reopen the Evidence.wpd - • III. • Plaintiff's presentation of his case, or lack of proper presentation, is not a basis for a "do- over," as Plaintiff is attempting to do pursuant to Rule 270 of the Texas Rules of Civil Procedure. IV. Applicable legal references are contained in Defendant's Trial Brief and incorporated herein. v. Plaintiff, for all this activity, is still not allowed any testimony regarding damages, as the court sustained Defendant's objection, as stated in paragraph II ofDefendant's Trial Brief, referenced herein and incorporated hereto, for failure to properly respond to a Rule 194(d) disclosure request. WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court grant the Motion to Dismiss or in the alternative a take nothing judgment as to damages and for such other and further relief Defendant may be justly entitled. Respectfully submitted, ACUFF & GAMBOA, L.L.P. 50 I Parkview Drive, Suite 405 Fort Worth, TX 76102 (817) 885-8500 FAX (817) 885-8504 ATTORNEYFORTHEDEFENDANT Defendant's Objection to Plaintiffs Motion to Reopen the Evidence.wpd Page2of 3 C:IDocsliJOHN GAMBOA\McBride, Terry\Bobby Simmons v Terry McBride\Pleadings\Defendant's Objection to Plaintiffs Motion to Reopen the Evidence.wpd • • • CERTIFICATE OF SERVICE This is to certify that the above and foregoing instrument has been served on all attorneys of record in the above styled and numbered cause in accordance with the applicable rules on this the 27th day of September, 2012, as follows: Via Fax to 817-334-0425 Guy H. Riddle Bronwyn Scharar Anderson, Riddle & Kuehler, LLP 1604 8th Ave. Ft Worth, TX 76102 Defendant's Objection to Plaintiffs Motion to Reopen the Evidence.wpd Page 3 of 3 C.\Docsl\JOIIN GAMBOA\McBride, Terry\Bobby Simmons v Terry McBride\Pieadings\Dcfendant's Objection to Plaintiffs Motion to Reopen the Evidence wpd • ACUFF & PARK GAMBOA, ATTORNEYS AT PLAZA LAW BUILOINO L.L.P. • 250 I PARKVIEW DRIVE, SUITE 405 FORT WORTH, TEXAS 76 I 02-58 I 6 8 I 7-885-8500 0. NICHOLAS ACUFF FAX: 8 I 7/885-8504 1942- 2012 September 27,2012 Via Hand Delivery 236th District Court Attn: Clerk Justice Center 401 W Belknap St Fort Worth TX 76196 Re: Cause No. 236-242600-09 Bobby Simmons v Terry Lee McBride Dear Sir/Madam: Enclosed you will please find an original and one copy of the Defendant's Objection To Plaintiff's Motion To Reopen The Evidence to be filed in the above referenced matter. By copy of this letter all parties have been notified. Thank you for your assistance with this matter. Should you have any questions or concerns please do not hesitate to advise the office. Very truly yours, ~UJ~ DANIELL£ WERNER Legal Assistant Enc_ Cc: Guy H. Riddle & Bronwyn Scharar- Via Fax to 817-334-0425 Client