Hydrogeo, LLC, First Bank & Trust East Texas v. Quitman Independent School District, 06-15-00007-CV

Hydrogeo, LLC and First Bank & Trust East Texas (Appellants) appeal a Wood County trial-court judgment in favor of several taxing entities (Quitman ISD, Wood County, Upper Sabine Waste Disposal District, Wood County Central Hospital District).
Taxing Entities introduced a seven-page certified tax-records packet (Exhibit A) at trial that was not produced to Appellants before trial. Two pages of that packet (pp. 4 and 7) were never produced previously and were emphasized at trial.
Appellants moved on appeal (reply brief) that admission of Exhibit A violated Texas R. Civ. P. 193.6 because Taxing Entities failed to timely produce documents they intended to use at trial and showed no good cause for the late disclosure.
The trial evidence supporting the taxing entities’ claim consisted entirely of Exhibit A and testimony that largely read the document into the record. Appellants contend excluding Exhibit A would leave no admissible evidence to support foreclosure.
Appellants also argue the taxing entities assessed taxes on both real property (leasehold) and personal property (production/equipment) but did not segregate the portion of the tax lien attributable to personalty, which Appellants say is unenforceable against a buyer in the ordinary course (like Hydrogeo), so the entire lien should not have been foreclosed.

Issue	Plaintiff's Argument (Taxing Entities)	Defendant's Argument (Hydrogeo)	Held
1) Admission of Exhibit A despite failure to produce pretrial	Exhibit A was effectively disclosed; its admission did not cause unfair surprise or tax the court’s discretion because the records were available in the clerk’s file and are tax records routinely used	Exhibit A was not timely produced; Rule 193.6 mandates exclusion absent good cause or lack of unfair surprise; Taxing Entities cannot show good cause and relied on undisclosed pages to prove ownership and amounts	Appellants urge reversible error; appellate disposition not in this brief—Appellants request reversal and rendition due to improper admission
2) Foreclosure of entire tax lien without segregating personalty portion	The judgment forecloses only real property; taxing entities assert personalty was not foreclosed and the lien applies to the leases as taxed	Taxing Entities did tax/appraise some equipment/personalty and failed to segregate the unenforceable personalty portion; burden was on plaintiffs to prove enforceable amount	Appellants argue the judgment is erroneous and should be reversed; appellate decision pending in the record provided

Williams v. County of Dallas, 194 S.W.3d 29 (Tex. App.—Dallas 2006) (discusses limits on undisclosed evidence and unfair surprise under discovery rules)
Lopez v. La Madeleine of Texas, Inc., 200 S.W.3d 854 (Tex. App.—Dallas 2006) (Rule 193.6 is mandatory; exclusion penalty unless good cause or lack of unfair surprise shown)
Alvarado v. Farah Mfg. Co., 830 S.W.2d 911 (Tex. 1992) (good-cause exception requires record support when discovery compliance is excused)
Perry Homes v. Cull, 258 S.W.3d 580 (Tex. 2008) (standards for appellate reversal when trial court acts arbitrarily or without guiding rules)