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GRANBURY MARINA HOTEL, L.P., D/B/A HILTON GARDEN INN, GRANBURY, Appellant, v. BERKEL AND COMPANY CONTRACTORS, INC., Appellee.

The trial court admitted two exhibits under the business-records hearsay exception. The plaintiff's custodian of records never testified that it was the business's regular practice to make the exhibits or that they were made by a knowledgeable person with a duty to make them. The “futility rule” does not apply: The trial court's ruling reveals that it re-considered and overruled the proper-predicate objection it had initially sustained. Because the trial court explicitly identified this evidentiary objection as the same one it was reconsidering and overruling, an objection to the admission of the exhibit on this basis the second time it was offered can be imputed to the defendant without requiring it to re-urge the same objection. The erroneously admitted evidence was essential to the judgment. The trial court's judgment is reversed and remanded. GRANBURY MARINA HOTEL, L.P. v. BERKEL AND COMPANY CONTRACTORS INC., El Paso Court of Appeals, No. 08-13-00246-CV, 8/14/15.

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COURT OF APPEALS OF TEXAS, EIGHTH DISTRICT, EL PASO

GRANBURY MARINA HOTEL, L.P., D/B/A HILTON GARDEN INN, GRANBURY, Appellant, v. BERKEL AND COMPANY CONTRACTORS, INC., Appellee.

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