On June 06, 2018 a
Motion-Secondary
was filed
involving a dispute between
Kay, Emma,
Salmons, Robert,
Yosowitz, Laura Elizabeth,
and
Entera Holding Inc,
Entera Realty Llc,
Entera Technology Llc,
Greenlet Financial, Llc,
Greenlet Financial Services Llc,
Greenlet Llc,
Kiva Technologies Llc,
Realtech Llc,
Salmons, Robert,
Sterrett Capital Llc,
Sterrett Financial,
Kay, Martin Lee,
Yosowitz, Laura Elizabeth,
for SWORN ACCOUNT
in the District Court of Harris County.
Preview
LAURA ELIZABETH YOSOWITZ, IN THE DISTRICT COURT
Plaintiff,
MARTIN LEE KAY;
KIVA TECHNOLOGIES, LLC;
JUDICIAL DISTRICT
ENTERA REALTY, LLC;
ENTERA HOLDINGS, INC.,
ROBERT SALMONS, JR.,
STERRETT CAPITAL, LLC,
GREENLET FINANCIAL SERVICES,
LLC, AND STERRETT FINANCIAL
HARRIS COUNTY, TEXAS
MARTIN KAY’S REPLY REGARDING
TEXAS SUPREME COURT AUTHORITY
Reply regarding Texas Supreme Court Authority
Plaintiff is asking for sanctions resulting in
reduced damages to Greenlet; and 2) for lower damages to Greenlet or Yosowitz based on factual
appeal for error regarding those damages.
The proposed sanctions reflect Plaintiffs profound misunderstanding of the following:
Constitutional due process requirements regarding notice, opportunity to respond and
See Nath v. Tex.
vil suit, few areas of trial court
REPLY REGARDING TEXAS SUPREME COURT AUTHORITY - Page 1
What impeding access to courts means — it includes not being able to argue on appeal x, y,
The Texas Supreme Court jurisprudence as reflected in key cases cited to the Court about
impeding the ability to argue merits — that jurisprudence is presumptively hostile to non-
monetary discovery sanctions that impede the ability to present merits arguments on
appeal.
Any suggestion that the Texas Supreme Court is receptive to new attempts to allow
impeding of merits appeal by discovery sanctions is whistling past the grave. Plaintiff is asking
the Court to be the point court for an attack on that jurisprudence and the ushering in of a radically
new jurisprudence that the appellate courts are highly unlikely to embrace as their own and far
REPLY REGARDING TEXAS SUPREME COURT AUTHORITY - Page 2
Respectfully submitted,
/s/ Joel B. Bailey
) Roach, Jr. —
roach@roachnewton.com
ddavis@roachnewton.com
EWTON L.L.P.
10777 Westheimer Rd., Ste. 1100
ATTORNEY FOR MARTIN KAY
The undersigned hereby certifies that a true and correct copy of the foregoing document
has been served in accordance with the Texas Rules of Civil Procedure to all counsel of record
/s/ Joel B. Bailey
REPLY REGARDING TEXAS SUPREME COURT AUTHORITY - Page 3
Document Filed Date
October 09, 2023
Case Filing Date
June 06, 2018
Status
Case On Appeal - Civil
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LAURA ELIZABETH YOSOWITZ, IN THE DISTRICT COURT Plaintiff, MARTIN LEE KAY; KIVA TECHNOLOGIES, LLC; JUDICIAL DISTRICT ENTERA REALTY, LLC; ENTERA HOLDINGS, INC., ROBERT SALMONS, JR., STERRETT CAPITAL, LLC, GREENLET FINANCIAL SERVICES, LLC, AND STERRETT FINANCIAL HARRIS COUNTY, TEXAS MARTIN KAY’S REPLY REGARDING TEXAS SUPREME COURT AUTHORITY Reply regarding Texas Supreme Court Authority Plaintiff is asking for sanctions resulting in reduced damages to Greenlet; and 2) for lower damages to Greenlet or Yosowitz based on factual appeal for error regarding those damages. The proposed sanctions reflect Plaintiffs profound misunderstanding of the following: Constitutional due process requirements regarding notice, opportunity to respond and See Nath v. Tex. vil suit, few areas of trial court REPLY REGARDING TEXAS SUPREME COURT AUTHORITY - Page 1 What impeding access to courts means — it includes not being able to argue on appeal x, y, The Texas Supreme Court jurisprudence as reflected in key cases cited to the Court about impeding the ability to argue merits — that jurisprudence is presumptively hostile to non- monetary discovery sanctions that impede the ability to present merits arguments on appeal. Any suggestion that the Texas Supreme Court is receptive to new attempts to allow impeding of merits appeal by discovery sanctions is whistling past the grave. Plaintiff is asking the Court to be the point court for an attack on that jurisprudence and the ushering in of a radically new jurisprudence that the appellate courts are highly unlikely to embrace as their own and far REPLY REGARDING TEXAS SUPREME COURT AUTHORITY - Page 2 Respectfully submitted, /s/ Joel B. Bailey ) Roach, Jr. — roach@roachnewton.com ddavis@roachnewton.com EWTON L.L.P. 10777 Westheimer Rd., Ste. 1100 ATTORNEY FOR MARTIN KAY The undersigned hereby certifies that a true and correct copy of the foregoing document has been served in accordance with the Texas Rules of Civil Procedure to all counsel of record /s/ Joel B. Bailey REPLY REGARDING TEXAS SUPREME COURT AUTHORITY - Page 3