Michael Anderson v. Thomas Snoddy
06-14-00096-CV
| Tex. App. | May 27, 2015Background
- Suit filed for breach of contract, fiduciary duty, fraud, and tortious interference; jury returned verdict for defense and trial court rendered take-nothing judgment.
- Parties: Michael Anderson (appellant) and Thomas Snoddy (appellee) in Upshur County, Texas.
- Evidence and issues centered on a supposed partnership, financial backing, and alleged misappropriation of phone lines belonging to Fast Action Bail Bonds.
- Anderson alleged Snoddy failed to provide a proper surety and diverted phone lines, harming Anderson’s bail-bond business.
- The record shows extensive cross-examination disputes, court-imposed impeachment limitations, and exclusion of certain bond-forfeiture judgments nisi.
- The appellate brief requests a new trial based on multiple trial-court errors affecting credibility and the outcome.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of cross-examination for prior inconsistent statements | Cross-exam should cover any relevant inconsistencies, not be limited to identical questions. | Cross-examination must follow Rule 613 procedures with identical question context. | Reversible error; scope ruled improper impeachment limits harmed Anderson. |
| Judicial comments on credibility during cross-examination | Court comments on impeachment undermined plaintiff’s credibility argument. | Court comments were proper control of trial conduct. | Reversible error; jurors misled about witness credibility. |
| Exclusion of judgments nisi as evidence of personal liability | Judgments nisi show Anderson was personally named; relevant to damages and liability. | Judgments nisi were irrelevant to the case at hand. | Reversible error; exclusion prejudiced Anderson. |
| Cross-examination on partnership property and related law | Questions about ownership of partnership property are fact-based and probative. | Some questions called for legal conclusions; not admissible. | Reversible error; proper factual inquiries into ownership should have been allowed. |
| Character evidence and bolstering of credibility | Impermissible bolstering of Barry Lovely’s credibility. | Character testimony for credibility is permissible under Rule 405/404. | Reversible error; improper character evidence contributed to erroneous verdict. |
Key Cases Cited
- Aranda v. State, 736 S.W.2d 702 (Tex. Crim. App. 1987) (liberal impeachment with prior statements; criteria for admissibility)
- Ferguson v. State, 97 S.W.3d 293 (Tex. App.—Houston [14th Dist.] 2003) (scope of Rule 613; extrinsic evidence rules; impeachment limitations)
- Del Carmen Hernandez v. State, 273 S.W.3d 685 (Tex. Crim. App. 2008) (prior inconsistent statements; bolstering limitations clarified)
- Stewart v. State, 129 S.W.3d 93 (Tex. Crim. App. 2004) (relevance standard; small probative value remains admissible)
- In re Ford Motor Co., 988 S.W.2d 714 (Tex. 1998) (sequencing of evidentiary issues and disclosures in trials)
- Fibreboard Corp. v. Pool, 813 S.W.2d 658 (Tex. App.—Texarkana 1991) (cumulative error considerations in reversible error)
- Williams v. State, 332 S.W.3d 694 (Tex. App.—Amarillo 2011) (nature of bond forfeiture and nisi judgments; relevance nuances)
- Ho v. State, 171 S.W.3d 295 (Tex. App.—Houston [14th Dist.] 2005) (relevance of extrinsic statements; impeachment context)
- Quintero v. Citizens and S. Factors, Inc., 596 S.W.2d 277 (Tex. Civ. App.—Houston [1st Dist.] 1980) (partnership concepts and evidentiary limits)
- Republic Waste Services, Ltd. v. Martinez, 335 S.W.3d 401 (Tex. App.—Houston [1st Dist.] 2011) (relevance and probative value in civil cases)
