law-BRA | business records affidavit | business records exception to the hearsay rule | admissibility of
evidence | appellate review of evidentiary rulings | admission and exclusion of evidence| affidavit based on
best knowledge and belief | hearsay challenge | lack of personal knowledge | business records affidavit |
business records exception to the hearsay rule | admissibility of evidence | appellate review of evidentiary
rulings | admission and exclusion of evidence
BRA | BUSINESS RECORDS EXCEPTION TO THE HEARSAY RULE
The business records exception has four requirements: (1) the records were made and kept in the course of
a regularly conducted business activity; (2) it was the regular practice of the business activity to make the
records; (3) the records were made at or near the time of the event that they record; and (4) the records
were made by a person with knowledge who was acting in the regular course of business. In re E.A.K., 192
S.W.3d 133, 141 (Tex. App.- Houston [14th Dist.] 2006, pet. denied). These requirements must be
established by testimony from the custodian of the records or another qualified witness. Texmarc Conveyor
Co. v. Arts, 857 S.W.2d 743, 748 (Tex. App.- Houston [14th Dist.] 1993, writ denied). Otherwise
inadmissible hearsay must be shown to be reliable or trustworthy in order to be admitted under the business
records exception. See Garcia v. Dutcher Phipps Crane & Rigging Co., No. 08-00-00387-CV, 2002 WL
467932, at *1 (Tex. App.- El Paso Mar. 28, 2002, pet. denied) (not designated for publication); see also
Martinez v. Midland Credit Mgmt., Inc., 250 S.W.3d 481, 485 (Tex. App.- El Paso 2008, no pet.). Cano v.
Nino's Paint and Body Shop, (Tex.App.- Houston [14th Dist.] Apr. 16, 2009)(Boyce)
(admission of business records, business records affidavit,
failure to disclose documentary evidence in discovery, attorneys fees on breach of contract, presentment of
claim as condition precedent)
Loredana Enterprises, Inc. v. Rewards Network Services, Inc. (Tex.App.- Houston [14th Dist.] Dec. 18,
2007)(Seymore) (biz litigation, BoC, personal guaranty, joint and several liability, admission of evidence,
business records)
AFFIRMED: Opinion by Justice Seymore
Before Chief Justice Hedges, Justices Anderson and Seymore
14-07-00118-CV Loredana Enterprise, Inc., d/b/a Babbo Bruno and Stefano Bertolotti v. Rewards Network
Services, Inc., f/k/a Idine Restaurant Group, Inc.
Appeal from 280th District Court of Harris County (Hon. Tony Lindsay)
HOUSTON CASES AND CASELAW | TEXAS APPELLATE CASELAW
CAUSES OF ACTION ELEMENTS | HOUSTON CASE LAW | TEXAS COURT OF APPEALS OPINIONS
HOUSTON OPINIONS HOME PAGE