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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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Since I can't file a new lawsuit based on my not bringing up

Customer Question

Since I can't file a new lawsuit based on my not bringing up trial attorneys violating rule 10 of the TRCP, in trial court or in appeal is their any way I can sue?
Submitted: 1 month ago.
Category: Legal
Customer: replied 1 month ago.
Also, is there a way to show violations by attorneys without presenting the violations as new evidence in a Petition for Review to the Supreme Court of Texas?
Expert:  Maverick replied 1 month ago.

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

Expert:  Maverick replied 1 month ago.

I am familiar with Rule 10. However, I need more background info as to what exactly happened and what is the specific legal issue on appeal.

Expert:  Maverick replied 1 month ago.

See above; you may also want to request a phone call with me as I have extensive civil litigation, trial, and appeal experience in Texas; including appeal to the Sup. Ct. of Texas. My name is Maverick. Please look for a way to initiate the call from your end or contact customer service.

Customer: replied 1 month ago.
I was in a lawsuit in a bench trial in 2016. My forensic examiner report proved a deed transfer document had my mother's forged signature. But, because the examiner was not in court to testify the judge ruled my evidence inadmissible. I was Pro se. I told the judge the Confrontation Clause was not applicable in a civil case. The judge said it was. I told the judge the examiner used self-authenticating records to prepare the report. The judge (violated) TRCP by not allowing the report in as a business record (a notarized document certifying the report as a business record was attached to the report). The judge said the defense had a right to cross-examine the examiner. Even though the TRCP says the judge could have authenticated my mother's handwriting (901(3) I think) the judge ruled a directed verdict against me. The 1st Court of Appeals affirmed. On April 3, 2017 I was researching TRCP rules related to my case and my evidence being ruled inadmissible when I saw TRCP rule 10 and realized the substitute attorneys who won were in violation of this rule since 2015. I first filed my lawsuit in a county civil court in 2014, but because the son of another of my father's sisters had filed in probate court the case was transferred there in 2015 and that is where the 2016 trial was held. The judge said it did not matter that another probate court juge in the same probate system had signed a Small Estate Affidavit naming me heir (surviving son) to the property in 2015. The judge said I had not shown I had an interest in the property. The court of appeals affirmed saying I had "Because Alvin (me) has failed to adequately brief issues on appeal contending that the trial court erred by granting the appellees' motion for directed verdict and by excluding evidence, we affirm". The affirmation was in July of this year. I learned of the rule 10 violation 2 months later. The original attorney-in-charge never filed a motion to withdraw and did not name substitute attorneys who replaced him. These substitutes just showed up in court saying they were replacing him. Original attorney-in-charge told me I have no case and to move-on. I will if I have no other option.
Customer: replied 1 month ago.
Two (2) Texas cases accepted forensic examiner report as a business record. My examiner text me the case names and numbers after my lenthy re-post to Maverick of JustAnswer.com
Expert:  Maverick replied 1 month ago.

This case supports your argument that the examiner's report should have been admitted as a business record. However, it is subject to attack since documents prepared in anticipation have been considered by some courts to lack trustworthiness and thus fail to qualify as a business record.

More to come...

Expert:  Maverick replied 1 month ago.

As to your complaint about Rule 10 in this context, I am not sure I fully understand your argument. If your are saying that the opposing party's lawyers just substituted in without the first lawyer withdrawing, how was your case prejudiced by this action? You have a number of issues here and I have sent a phone call offer to you if you want to go forward...