On September 17, 2018 a
Order
was filed
involving a dispute between
Silva, Eduardo,
and
Rodriguez, Juan,
Rodriguez, Sonia,
for Contract - Other Contract (OCA)
in the District Court of Hidalgo County.
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Electronically Submitted
3/9/2023 4:35 PM
Hidalgo County Clerk
Accepted by: Audrey Alvarez
CAUSE NO. CL-18-5173-J
EDUARDO SILVA § IN THE COUNTY COURT
§
V. §
§ AT LAW NO. 10
SONIA RODRIGUEZ AND JUAN §
RODRIGUEZ § HIDALGO COUNTY, TEXAS
ORDER ON DEFENDANTS’ MOTION IN LIMINE
______________________________________________________________________________
On March ___, 2023, the Court considered Defendants Motion in Limine. All
parties appeared aby counsel. After considering the Motion and argument of counsel
the Court orders, as indicated below, on the items made the subject of the Motion. It is
therefore
ORDERED that the relief requested as to the matter described in the specified
paragraph listed below is granted or denied as follow:
1. Any mention of Plaintiff’s attorneys’ fees. See Garden Ridge, LP v. Clear Lake Ctr.,
LP, 504 S.W.3d 428, 449 (Tex. App.—Houston [14th Dist.] 2016, no pet.) (attorney fees
are not recoverable under Section 38.001 of the Texas Civil Practice & Remedies Code
for money had and received because it is a common law action and attorney fees cannot
be recovered unless permitted by statute or by contract); see MBM Fin. Corp. v.
Woodlands Oper. Co., 292 S.W.3d 660, 667 (Tex. 2009) (holding a plaintiff cannot recovery
attorney fees in a common-law fraud action, even if claim arose from breach of contract
claim).
________ _________ _______
AGREED GRANTED DENIED
2. Any testimony from and/or opinion of any expert not timely disclosed by
Plaintiff in the discovery process and/or whose opinions were not fully disclosed in
response to discovery.
________ _________ _______
AGREED GRANTED DENIED
Electronically Submitted
3/9/2023 4:35 PM
Hidalgo County Clerk
Accepted by: Audrey Alvarez
3. Any attempt in the presence of the jury to seek or request Defendants’ attorneys
to produce documents, to stipulate to any fact, or to make any agreement.
________ _________ _______
AGREED GRANTED DENIED
4. Any offer of a piece of evidence Plaintiff did not produce in discovery.
________ _________ _______
AGREED GRANTED DENIED
5. Any evidence, statement or argument of the probable testimony of a witness who
is absent, unavailable, not called to testify in this case or not allowed to testify in this
case.
________ _________ _______
AGREED GRANTED DENIED
6. Any mention of Defendants’ failure to call a witness.
________ _________ _______
AGREED GRANTED DENIED
SIGNED on March _______, 2023.
_______________________________
PRESIDING JUDGE
cc: swalsh@wmcnlaw.com
bnixon@wmcnlaw.com
vtorres@wmcnlaw.com
dorozco@orozco-law.com
_____________________________________________________________________________________________
Page 2
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.
Velma Torres on behalf of Scott Walsh
Bar No. 20804750
vtorres@wmcnlaw.com
Envelope ID: 73527364
Status as of 3/10/2023 8:34 AM CST
Associated Case Party: SONIA RODRIGUEZ
Name BarNumber Email TimestampSubmitted Status
Scott AWalsh swalsh@ktattorneys.com 3/9/2023 4:35:54 PM SENT
Associated Case Party: JUAN RODRIGUEZ
Name BarNumber Email TimestampSubmitted Status
Scott AWalsh swalsh@ktattorneys.com 3/9/2023 4:35:54 PM SENT
Scott A.Walsh swalsh@wmcnlaw.com 3/9/2023 4:35:54 PM SENT
Associated Case Party: EDUARDO SILVA
Name BarNumber Email TimestampSubmitted Status
Damian C Orozco dorozco@orozco-law.com 3/9/2023 4:35:54 PM SENT
The Law Office of Damian COrozco cgonzalez@orozco-law.com 3/9/2023 4:35:54 PM SENT
The Law Office of Damian COrozco jgarcia@orozco-law.com 3/9/2023 4:35:54 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Weldon GNixon bnixon@wmcnlaw.com 3/9/2023 4:35:54 PM SENT
Velma Torres vtorres@wmcnlaw.com 3/9/2023 4:35:54 PM SENT
DAMIAN COROZCO lflores@orozco-law.com 3/9/2023 4:35:54 PM ERROR
Document Filed Date
March 09, 2023
Case Filing Date
September 17, 2018
Category
Contract - Other Contract (OCA)
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Electronically Submitted 3/9/2023 4:35 PM Hidalgo County Clerk Accepted by: Audrey Alvarez CAUSE NO. CL-18-5173-J EDUARDO SILVA § IN THE COUNTY COURT § V. § § AT LAW NO. 10 SONIA RODRIGUEZ AND JUAN § RODRIGUEZ § HIDALGO COUNTY, TEXAS ORDER ON DEFENDANTS’ MOTION IN LIMINE ______________________________________________________________________________ On March ___, 2023, the Court considered Defendants Motion in Limine. All parties appeared aby counsel. After considering the Motion and argument of counsel the Court orders, as indicated below, on the items made the subject of the Motion. It is therefore ORDERED that the relief requested as to the matter described in the specified paragraph listed below is granted or denied as follow: 1. Any mention of Plaintiff’s attorneys’ fees. See Garden Ridge, LP v. Clear Lake Ctr., LP, 504 S.W.3d 428, 449 (Tex. App.—Houston [14th Dist.] 2016, no pet.) (attorney fees are not recoverable under Section 38.001 of the Texas Civil Practice & Remedies Code for money had and received because it is a common law action and attorney fees cannot be recovered unless permitted by statute or by contract); see MBM Fin. Corp. v. Woodlands Oper. Co., 292 S.W.3d 660, 667 (Tex. 2009) (holding a plaintiff cannot recovery attorney fees in a common-law fraud action, even if claim arose from breach of contract claim). ________ _________ _______ AGREED GRANTED DENIED 2. Any testimony from and/or opinion of any expert not timely disclosed by Plaintiff in the discovery process and/or whose opinions were not fully disclosed in response to discovery. ________ _________ _______ AGREED GRANTED DENIED Electronically Submitted 3/9/2023 4:35 PM Hidalgo County Clerk Accepted by: Audrey Alvarez 3. Any attempt in the presence of the jury to seek or request Defendants’ attorneys to produce documents, to stipulate to any fact, or to make any agreement. ________ _________ _______ AGREED GRANTED DENIED 4. Any offer of a piece of evidence Plaintiff did not produce in discovery. ________ _________ _______ AGREED GRANTED DENIED 5. Any evidence, statement or argument of the probable testimony of a witness who is absent, unavailable, not called to testify in this case or not allowed to testify in this case. ________ _________ _______ AGREED GRANTED DENIED 6. Any mention of Defendants’ failure to call a witness. ________ _________ _______ AGREED GRANTED DENIED SIGNED on March _______, 2023. _______________________________ PRESIDING JUDGE cc: swalsh@wmcnlaw.com bnixon@wmcnlaw.com vtorres@wmcnlaw.com dorozco@orozco-law.com _____________________________________________________________________________________________ Page 2 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. Velma Torres on behalf of Scott Walsh Bar No. 20804750 vtorres@wmcnlaw.com Envelope ID: 73527364 Status as of 3/10/2023 8:34 AM CST Associated Case Party: SONIA RODRIGUEZ Name BarNumber Email TimestampSubmitted Status Scott AWalsh swalsh@ktattorneys.com 3/9/2023 4:35:54 PM SENT Associated Case Party: JUAN RODRIGUEZ Name BarNumber Email TimestampSubmitted Status Scott AWalsh swalsh@ktattorneys.com 3/9/2023 4:35:54 PM SENT Scott A.Walsh swalsh@wmcnlaw.com 3/9/2023 4:35:54 PM SENT Associated Case Party: EDUARDO SILVA Name BarNumber Email TimestampSubmitted Status Damian C Orozco dorozco@orozco-law.com 3/9/2023 4:35:54 PM SENT The Law Office of Damian COrozco cgonzalez@orozco-law.com 3/9/2023 4:35:54 PM SENT The Law Office of Damian COrozco jgarcia@orozco-law.com 3/9/2023 4:35:54 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Weldon GNixon bnixon@wmcnlaw.com 3/9/2023 4:35:54 PM SENT Velma Torres vtorres@wmcnlaw.com 3/9/2023 4:35:54 PM SENT DAMIAN COROZCO lflores@orozco-law.com 3/9/2023 4:35:54 PM ERROR