On December 27, 2018 a
Vinet's Objections to "Evidence" Filed by Counter-Plaintiff's - Motion (No Fee)
was filed
involving a dispute between
Vinet, Terra,
and
Mckenzie, Colin Donald,
Mckenzie, Louise Margaret,
for Inj/Damage-Other Injury or Damage >$200,000
in the District Court of Montgomery County.
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Received and E-Filed for Record
8/16/2019 1:56 PM
Melisa Miller, District Clerk
Montgomery County, Texas
Deputy Clerk, Megan Shiflett
Cause No. 18-12-16948
Terra Vinet § In the District Court of
§
vs. § Montgomery County, Texas
§
Louise Margaret McKenzie and §
Colin Donald McKenzie § 284th Judicial District
Vinet’s Objections to “Evidence”
Filed by Counter-plaintiffs
Terra Vinet (“Tenant” or “Ms. Vinet” or “Plaintiff”) makes the following
objections to “evidence” filed by Louise McKenzie and Colin McKenzie in an
effort to support their response to Terra Vinet’s Motion to Dismiss Counterclaim
under Chapter 27, Civil Practice and Remedies Code.
1. The “evidence” attached to the response was filed less than forty-eight
hours prior to the scheduled oral hearing and should be stricken.
2. The Affidavit of Colin McKenzie (Exhibit A to the Response) contains
improper conclusory statements which do not state any factual basis for the
conclusions and which conclusions are mere speculation and conjecture and/or are
statements that cannot be within his personal knowledge:
a. Paragraph 5: “It quickly became apparent that Mr. Vinet was occupying
the Property, since he was very involved with the family, had moved
significant possession into the Property, and was seen making decisions
and representations regarding the Property.”
VINET’S OBJECTIONS TO
“EVIDENCE” FILED COUNTER-PLAINTIFFS PAGE 1
b. Paragraph 7: “…Ms. Vinet allowed him to occupy the Property
anyway.”
c. Paragraph 9: “After learning that Mr. Vinet was occupying the
Property…”
d. Paragraph 11: (in its entirety) “It is my opinion…”
e. Page 6 of 6: “It was the regular course of my personal business for me to
make these records to be included in these records.” (Emphasis
provided). It is obvious from the list of documents and from the face of
the documents Mr. McKenzie “made” none of them.
3. The Affidavit of Louise McKenzie (Exhibit B to the Response) contains
improper conclusory statements which do not state any factual basis for the
conclusions and which conclusions are mere speculation and conjecture and/or are
statements that cannot be within her personal knowledge:
a. Paragraph 5: “It quickly became apparent that Mr. Vinet was occupying
the Property, since he was very involved with the family, had moved
significant possession into the Property, and was seen making decisions
and representations regarding the Property.”
b. Paragraph 7: “…Ms. Vinet allowed him to occupy the Property
anyway.”
VINET’S OBJECTIONS TO
“EVIDENCE” FILED COUNTER-PLAINTIFFS PAGE 2
c. Paragraph 9: “After learning that Mr. Vinet was occupying the
Property…”
d. Paragraph 11: (in its entirety) “I believe that …”
e. Page 4 of 5: “It was the regular course of my personal business for me to
make these records to be included in these records.” (Emphasis
provided). It is obvious from the list of documents and from the face of
the documents Mr. McKenzie “made” none of them.
4. These objections should be sustained and the “evidence” not be
considered for any purpose.
PRAYER
Wherefore, premises considered, Plaintiff Terra Vinet prays that the
objections to “evidence” asserted above be sustained, and for such other and
further relief to which she may show herself justly entitled.
Respectfully submitted,
/s/ Brad Beers .
Brad Beers
State Bar No. 02041400
BEERS LAW FIRM
5020 Montrose Blvd., Suite 700
Houston, Texas 77006
Telephone: 713-654-0700
Facsimile: 713-654-9898
BBeers@BeersLaw.net
Attorney for Terra Vinet
VINET’S OBJECTIONS TO
“EVIDENCE” FILED COUNTER-PLAINTIFFS PAGE 3
Certificate of Service
This pleading was served on August 16, 2019, on counsel of record pursuant
to Rules 21 and 21a.
/s/ Brad Beers .
Brad Beers
VINET’S OBJECTIONS TO
“EVIDENCE” FILED COUNTER-PLAINTIFFS PAGE 4
Document Filed Date
August 16, 2019
Case Filing Date
December 27, 2018
Category
Inj/Damage-Other Injury or Damage >$200,000
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Received and E-Filed for Record 8/16/2019 1:56 PM Melisa Miller, District Clerk Montgomery County, Texas Deputy Clerk, Megan Shiflett Cause No. 18-12-16948 Terra Vinet § In the District Court of § vs. § Montgomery County, Texas § Louise Margaret McKenzie and § Colin Donald McKenzie § 284th Judicial District Vinet’s Objections to “Evidence” Filed by Counter-plaintiffs Terra Vinet (“Tenant” or “Ms. Vinet” or “Plaintiff”) makes the following objections to “evidence” filed by Louise McKenzie and Colin McKenzie in an effort to support their response to Terra Vinet’s Motion to Dismiss Counterclaim under Chapter 27, Civil Practice and Remedies Code. 1. The “evidence” attached to the response was filed less than forty-eight hours prior to the scheduled oral hearing and should be stricken. 2. The Affidavit of Colin McKenzie (Exhibit A to the Response) contains improper conclusory statements which do not state any factual basis for the conclusions and which conclusions are mere speculation and conjecture and/or are statements that cannot be within his personal knowledge: a. Paragraph 5: “It quickly became apparent that Mr. Vinet was occupying the Property, since he was very involved with the family, had moved significant possession into the Property, and was seen making decisions and representations regarding the Property.” VINET’S OBJECTIONS TO “EVIDENCE” FILED COUNTER-PLAINTIFFS PAGE 1 b. Paragraph 7: “…Ms. Vinet allowed him to occupy the Property anyway.” c. Paragraph 9: “After learning that Mr. Vinet was occupying the Property…” d. Paragraph 11: (in its entirety) “It is my opinion…” e. Page 6 of 6: “It was the regular course of my personal business for me to make these records to be included in these records.” (Emphasis provided). It is obvious from the list of documents and from the face of the documents Mr. McKenzie “made” none of them. 3. The Affidavit of Louise McKenzie (Exhibit B to the Response) contains improper conclusory statements which do not state any factual basis for the conclusions and which conclusions are mere speculation and conjecture and/or are statements that cannot be within her personal knowledge: a. Paragraph 5: “It quickly became apparent that Mr. Vinet was occupying the Property, since he was very involved with the family, had moved significant possession into the Property, and was seen making decisions and representations regarding the Property.” b. Paragraph 7: “…Ms. Vinet allowed him to occupy the Property anyway.” VINET’S OBJECTIONS TO “EVIDENCE” FILED COUNTER-PLAINTIFFS PAGE 2 c. Paragraph 9: “After learning that Mr. Vinet was occupying the Property…” d. Paragraph 11: (in its entirety) “I believe that …” e. Page 4 of 5: “It was the regular course of my personal business for me to make these records to be included in these records.” (Emphasis provided). It is obvious from the list of documents and from the face of the documents Mr. McKenzie “made” none of them. 4. These objections should be sustained and the “evidence” not be considered for any purpose. PRAYER Wherefore, premises considered, Plaintiff Terra Vinet prays that the objections to “evidence” asserted above be sustained, and for such other and further relief to which she may show herself justly entitled. Respectfully submitted, /s/ Brad Beers . Brad Beers State Bar No. 02041400 BEERS LAW FIRM 5020 Montrose Blvd., Suite 700 Houston, Texas 77006 Telephone: 713-654-0700 Facsimile: 713-654-9898 BBeers@BeersLaw.net Attorney for Terra Vinet VINET’S OBJECTIONS TO “EVIDENCE” FILED COUNTER-PLAINTIFFS PAGE 3 Certificate of Service This pleading was served on August 16, 2019, on counsel of record pursuant to Rules 21 and 21a. /s/ Brad Beers . Brad Beers VINET’S OBJECTIONS TO “EVIDENCE” FILED COUNTER-PLAINTIFFS PAGE 4