On February 16, 2021 a
Letter,Correspondence
was filed
involving a dispute between
La Energia Nortena, Llc,
Novoa, Humberto,
Zamarripa, Adrian,
and
Cuevas, Moises,
for OTHER (CIVIL)
in the District Court of Dallas County.
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FILED
5/18/2023 10:45 AM
FELICIA PITRE
DISTRICT CLERK
®
LAN CARTE I A w ’ P L L CCAROLvfigl-EfisEggbggfifi
Create, Inspire, and Let Us Take Care of the Details."
o a a o
May 18,2023
Hon. Maria Aceves
192““ Civil District Court
George L. Allen, Sr. Courts Building
600 Commerce Street
Box 740
Dallas, Texas 75202
Re: La Energia Nortena, LLC et al v. Cuevas, Case No. DC-22-03103,
Defendant’s Reply to Plaintiffs’ Letter to the Court dated May l7, 2023 on
Defendant’s Proposed Order on Defendant’s Objections to Plaintitfs"
Exhibits Offered in Support of Plaintiff’s Response to Defendant’s No-
Evidence Motion for Partial Summary Judgment
Dear Judge Aceves:
I am the lead attorneyof record for Defendant Moises Cuevas, Jr. in the pending case
before the Court styled, La Energia Nortena LLC et al v. Cuevas, Case No. DC-22-03103.
Yesterday, Plaintiffs, by and through their counsel, David Calvillo, wrote to you to
erroneously suggest that the Court’s ruling on Defendant’s objections to Plaintifi"s exhibits
would be “without a meaningful purpose.” Plaintifl‘s are misguided in their review of the law.
The purpose and necessity of having the Court rule on Defendant’s Objections to
Plaintifl's’ Exhibits Offered in Support of Plaintifi‘s Response to Defendant’s No-Evidence
Motion for Partial Summary Judgment goes to the question of the admissibility of Plaintifl‘s’
exhibits that were ofi‘ered as evidence. The Court has provided no reasoning for its decision to
deny Defendant’s said motion despite Defendant’s detailed objections raised as to admissibility
of Plaintifi"s Exhibits 1, 2, and 3.
While a trial court’s decision to deny a no-evidence motion for summary judgment may
not be reviewable on appeal, a trial court’s improper admission of evidence afier timely and
proper objection can be later appealed. See Castillo v. Ford Motor Co., No. 04-11-00810-CV,
2013 Tex. App. LEXIS 4235, at *6 (Tex. App—San Antonio Apr. 3, 2013, pet. denied)
(citing Bay Area Healthcare Group, Ltd. v. McShane, 239 S.W.3d 231, 235 (Tex. 2007) (stating
that to preserve error with regard to admission of evidence, party must object each
time inadmissible evidence is ofi'ered or obtain running objection) (citing TEX. R. APP.
P. 33.1 (stating party must timely object and make complaining grounds with
sufficient specificity, unless specific grounds were apparent from context,
ruling )).
2817 West End Avenue, Suite 126-276, Nashville, TN 37203
chase@lancartelaw.com 0 615-850-7990 0 www.lancartelaw.com
Page 2
Therefore, Defendant respectfully request a ruling from the Court as to Defendant’s
Objections for the preservation of any error by the Court in allowing Plaintifi"s exhibits in as
evidence.
Respectfully Submitted,
417%?” D C'H'ASE LANCAllTE
Texas Bar No. 24082464
chase@lancartelaw.com
LanCarte Law, PLLC
2817 West End Ave, Suite 126-276
Nashville, Tennessee 37203
Tel: 214-935-2430
Fax: 214-934-2450
ATTORNEY FOR DEFENDANT
I do hereby certify that I have forwarded a true and correct copy of the above and foregoing
letter and the attached proposed order in this cause to all counsel of record for the represented
parties as listed below on this May 18, 2023.
David N. Calvillo
TX State Bar No. 03673000
1200 Smith Street, Suite 1400
Houston, TX 77002
david.calvillo@chamberlainlaw.com
Angel V. Mata
TX State Bar No. 24063940
512 S. Fitzhugh Avenue
Dallas, TX 75223
attorney@angelmatalaw.com
B‘Evid Chase LanCarte
\
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
David LanCarte
Bar No. 24082464
chase@lancartelaw.com
Envelope ID: 75766082
Filing Code Description: Correspondence - Letter To File
Filing Description: RE:DEF(S) REPLY - PLAINTIFFS' LETTER TO THE
COURT DATED MAY 17, 2023 - DEF(S) PROPOSED ORDER ON
DEFENDANT'S OBJECTIONS TO PLAINTIFFS' EXHIBITS
Status as of 5/22/2023 10:55 AM CST
Associated Case Party: MOISES CUEVAS
Name BarNumber Email TimestampSubmitted Status
David LanCarte 24082464 chase@lancartelaw.com 5/18/2023 10:45:32 AM SENT
Associated Case Party: HUMBERTO NOVOA
Name BarNumber Email TimestampSubmitted Status
Debbie Kennedy debbie.kennedy@chamberlainlaw.com 5/18/2023 10:45:32 AM SENT
David N.Calvillo david.calvillo@chamberlainlaw.com 5/18/2023 10:45:32 AM SENT
Judy Rochna judy.rochna@chamberlainlaw.com 5/18/2023 10:45:32 AM SENT
Lauren Herrera lauren.herrera@chamberlainlaw.com 5/18/2023 10:45:32 AM SENT
Armando Huereca armando.huereca@chamberlainlaw.com 5/18/2023 10:45:32 AM SENT
Angel V.Mata attorney@angelmatalaw.com 5/ 18/2023 10:45:32 AM SENT
Rosa Reyes rosa.reyes@chamberlainlaw.com 5/18/2023 10:45:32 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Marcus C. Marsden 13014200 marcus@colanerifirm.com 5/18/2023 10:45:32 AM SENT
Estefany Martinez martinez@angelmatalaw.com 5/18/2023 10:45:32 AM SENT
Document Filed Date
May 18, 2023
Case Filing Date
February 16, 2021
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FILED 5/18/2023 10:45 AM FELICIA PITRE DISTRICT CLERK ® LAN CARTE I A w ’ P L L CCAROLvfigl-EfisEggbggfifi Create, Inspire, and Let Us Take Care of the Details." o a a o May 18,2023 Hon. Maria Aceves 192““ Civil District Court George L. Allen, Sr. Courts Building 600 Commerce Street Box 740 Dallas, Texas 75202 Re: La Energia Nortena, LLC et al v. Cuevas, Case No. DC-22-03103, Defendant’s Reply to Plaintiffs’ Letter to the Court dated May l7, 2023 on Defendant’s Proposed Order on Defendant’s Objections to Plaintitfs" Exhibits Offered in Support of Plaintiff’s Response to Defendant’s No- Evidence Motion for Partial Summary Judgment Dear Judge Aceves: I am the lead attorneyof record for Defendant Moises Cuevas, Jr. in the pending case before the Court styled, La Energia Nortena LLC et al v. Cuevas, Case No. DC-22-03103. Yesterday, Plaintiffs, by and through their counsel, David Calvillo, wrote to you to erroneously suggest that the Court’s ruling on Defendant’s objections to Plaintifi"s exhibits would be “without a meaningful purpose.” Plaintifl‘s are misguided in their review of the law. The purpose and necessity of having the Court rule on Defendant’s Objections to Plaintifl's’ Exhibits Offered in Support of Plaintifi‘s Response to Defendant’s No-Evidence Motion for Partial Summary Judgment goes to the question of the admissibility of Plaintifl‘s’ exhibits that were ofi‘ered as evidence. The Court has provided no reasoning for its decision to deny Defendant’s said motion despite Defendant’s detailed objections raised as to admissibility of Plaintifi"s Exhibits 1, 2, and 3. While a trial court’s decision to deny a no-evidence motion for summary judgment may not be reviewable on appeal, a trial court’s improper admission of evidence afier timely and proper objection can be later appealed. See Castillo v. Ford Motor Co., No. 04-11-00810-CV, 2013 Tex. App. LEXIS 4235, at *6 (Tex. App—San Antonio Apr. 3, 2013, pet. denied) (citing Bay Area Healthcare Group, Ltd. v. McShane, 239 S.W.3d 231, 235 (Tex. 2007) (stating that to preserve error with regard to admission of evidence, party must object each time inadmissible evidence is ofi'ered or obtain running objection) (citing TEX. R. APP. P. 33.1 (stating party must timely object and make complaining grounds with sufficient specificity, unless specific grounds were apparent from context, ruling )). 2817 West End Avenue, Suite 126-276, Nashville, TN 37203 chase@lancartelaw.com 0 615-850-7990 0 www.lancartelaw.com Page 2 Therefore, Defendant respectfully request a ruling from the Court as to Defendant’s Objections for the preservation of any error by the Court in allowing Plaintifi"s exhibits in as evidence. Respectfully Submitted, 417%?” D C'H'ASE LANCAllTE Texas Bar No. 24082464 chase@lancartelaw.com LanCarte Law, PLLC 2817 West End Ave, Suite 126-276 Nashville, Tennessee 37203 Tel: 214-935-2430 Fax: 214-934-2450 ATTORNEY FOR DEFENDANT I do hereby certify that I have forwarded a true and correct copy of the above and foregoing letter and the attached proposed order in this cause to all counsel of record for the represented parties as listed below on this May 18, 2023. David N. Calvillo TX State Bar No. 03673000 1200 Smith Street, Suite 1400 Houston, TX 77002 david.calvillo@chamberlainlaw.com Angel V. Mata TX State Bar No. 24063940 512 S. Fitzhugh Avenue Dallas, TX 75223 attorney@angelmatalaw.com B‘Evid Chase LanCarte \ Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. David LanCarte Bar No. 24082464 chase@lancartelaw.com Envelope ID: 75766082 Filing Code Description: Correspondence - Letter To File Filing Description: RE:DEF(S) REPLY - PLAINTIFFS' LETTER TO THE COURT DATED MAY 17, 2023 - DEF(S) PROPOSED ORDER ON DEFENDANT'S OBJECTIONS TO PLAINTIFFS' EXHIBITS Status as of 5/22/2023 10:55 AM CST Associated Case Party: MOISES CUEVAS Name BarNumber Email TimestampSubmitted Status David LanCarte 24082464 chase@lancartelaw.com 5/18/2023 10:45:32 AM SENT Associated Case Party: HUMBERTO NOVOA Name BarNumber Email TimestampSubmitted Status Debbie Kennedy debbie.kennedy@chamberlainlaw.com 5/18/2023 10:45:32 AM SENT David N.Calvillo david.calvillo@chamberlainlaw.com 5/18/2023 10:45:32 AM SENT Judy Rochna judy.rochna@chamberlainlaw.com 5/18/2023 10:45:32 AM SENT Lauren Herrera lauren.herrera@chamberlainlaw.com 5/18/2023 10:45:32 AM SENT Armando Huereca armando.huereca@chamberlainlaw.com 5/18/2023 10:45:32 AM SENT Angel V.Mata attorney@angelmatalaw.com 5/ 18/2023 10:45:32 AM SENT Rosa Reyes rosa.reyes@chamberlainlaw.com 5/18/2023 10:45:32 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Marcus C. Marsden 13014200 marcus@colanerifirm.com 5/18/2023 10:45:32 AM SENT Estefany Martinez martinez@angelmatalaw.com 5/18/2023 10:45:32 AM SENT