Michael Anderson v. Thomas Snoddy
06-14-00096-CV
| Tex. App. | Sep 25, 2015Background
- Michael Anderson and Thomas Snoddy were former business partners in a Gilmer, Texas bail-bond business (Fast Action Bail Bonds); after a falling out Anderson sued Snoddy for misrepresentation, misappropriation, and malfeasance.
- After a full trial the jury found for Snoddy and the trial court entered judgment for him. Anderson appealed, alleging multiple trial evidentiary and procedure errors.
- Anderson sought to impeach witnesses by reading from depositions he had not offered into evidence; the trial court limited or required foundation before use.
- Anderson offered three judgments nisi (forfeiture proceedings) to show personal liability and absence of a surety; the trial court excluded them as irrelevant.
- The trial court curtailed some cross-examination of Snoddy (ruling out legal-conclusion testimony and preventing reading statutes to a lay witness).
- Anderson objected to certain character-questioning on appeal, but the appellate court found the objection at trial did not preserve the specific Rule 404/405 challenge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Trial court prevented use of unadmitted depositions for impeachment | Anderson: court improperly barred impeachment by deposition excerpts and its interruptions prejudiced credibility determinations | Snoddy: impeachment procedure requires confrontation/foundation; counsel failed to follow Rule 613 procedures | Court: limiting use of unadmitted depositions and requiring foundation was within trial-court discretion; no reversible error |
| Exclusion of judgments nisi | Anderson: judgments nisi show Anderson was named personally and no surety paid, so they are relevant | Snoddy: judgments nisi merely commence forfeiture proceedings, do not prove payment or personal liability | Court: exclusion was within discretion because the nisi were conditional and not probative of the proffered point |
| Limiting cross-examination (legal conclusions/statute reading) | Anderson: could question Snoddy about his understanding of partnership property law | Snoddy: such questions call for legal conclusions and are improper from a lay witness | Court: trial court properly limited cross-examination; lay witness cannot give legal conclusions; no abuse of discretion |
| Admission of character evidence on cross | Anderson: the cross-exam question and any character evidence from Stein violated Rules 404/405 | Snoddy: questioned witness about business reputation/character; trial court overruled objection | Court: appellate complaint was not preserved (trial objection did not invoke Rules 404/405), so issue waived |
Key Cases Cited
- Stam v. Mack, 984 S.W.2d 747 (Tex. App.—Texarkana 1999) (trial court has discretion to control examination of witnesses)
- Dow Chem. Co. v. Francis, 46 S.W.3d 237 (Tex. 2001) (trial court has broad discretion over conduct of trial and comments)
- Int’l Fid. Ins. Co. v. State, 71 S.W.3d 894 (Tex. App.—Texarkana 2002) (judgment nisi initiates bail-forfeiture proceedings)
- Burgemeister v. Anderson, 259 S.W. 1078 (Tex. 1924) (historical discussion of judgment nisi as interlocutory)
- Jackson v. State, 422 S.W.2d 448 (Tex. Crim. App.) (use of interlocutory procedures in forfeiture)
- Liteky v. United States, 510 U.S. 540 (U.S. 1994) (bench remarks and judicial immunity/limits on reversal for ordinary courtroom administration)
- Metzger v. Sebek, 892 S.W.2d 20 (Tex. App.—Houston [1st Dist.] 1994) (judge should avoid comments that prejudice litigants)
- Bott v. Bott, 962 S.W.2d 626 (Tex. App.—Houston [14th Dist.] 1997) (trial court permitted to express procedural rulings)
- Ferrara v. Moore, 318 S.W.3d 487 (Tex. App.—Texarkana 2010) (extent of cross-examination rests in trial-court discretion)
- Schronk v. City of Burleson, 387 S.W.3d 692 (Tex. App.—Waco 2012) (lay witnesses cannot testify to legal conclusions)
- Hoss v. Alardin, 338 S.W.3d 635 (Tex. App.—Dallas 2011) (witness’s legal opinion is not determinative of legal status)