law-admission-exclusion-of-evidence-standard-of-review-on-appeal | admission / exclusion evidence

Standard of Review

We review a trial court’s decision to admit or exclude evidence for abuse of discretion. Bay Area
Healthcare Group, Ltd. v. McShane, 239 S.W.3d 231, 234 (Tex. 2007); Owens-Corning Fiberglas Corp. v.
Malone, 972 S.W.2d 35, 43 (Tex. 1998). A trial court abuses its discretion if it acts without regard to
guiding rules or principles. Owens-Corning Fiberglas Corp., 972 S.W.2d at 43. We must uphold the trial
court’s evidentiary ruling if there is any legitimate basis for the ruling. See id. We will not reverse a trial
court for an erroneous evidentiary ruling unless the error probably caused the rendition of an improper
judgment or probably prevented the appellant from properly presenting his case to the court of appeals.
See Tex. R. App. P. 44.1(a); Owens-Corning Fiberglas Corp., 972 S.W.2d at 43; Benavides v. Cushman,
Inc., 189 S.W.3d 875, 879 (Tex. App.—Houston [1st Dist.] 2006, no pet.).
Lawrence v. Geico (Tex.App.- Houston [1st Dist.] Jul. 2, 2009)(Sharp)
(car wreck,
subrogation claim in car collision, SoL, diligence in procuring service on defendant, admission
of evidence, police report, requirements for proper evidentiary objection, specificity, hearsay objection)    
AFFIRM TRIAL COURT JUDGMENT: Opinion by
Justice Sharp     
Before Justices Taft, Bland and Sharp   
01-07-00873-CV  Jonathan A. Lawrence v. Geico General Insurance Company, as Subrogee   
Appeal from the 405th District Court of Galveston County
Trial Court Judge:  Hon. Wayne J. Mallia


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