“Relevance” Wasn’t Specific Enough
January 13, 2025Also in Santander Consumer USA Inc. v. Enterprise Fin. Group, Inc., discussed yesterday about charge error, the Fifth Court addressed a preservation issue about evidence that the appellant said related to unpleaded theories of contract breach. The Court found that issue was not preserved by a series of objections to relevance, generally, that didn’t refer to the particular contract issue, or by a tender of exhibits as “rebuttal” to the objected-to-evidence:
“[T]he objection made by SCUSA’s Counsel did not mention Section 17.6 and did not articulate that SCUSA objected to EFG asserting unpleaded theories of breach. This objection was insufficient to put the trial court on notice of the actual objection and, therefore, did not preserve error.”
No. 23-00770 (Dec. 31, 2024) (mem. op.).