Saturday, April 16, 2011


NOT THAT REALITY MATTERS TO A FOOL AND A DRUNK

No one has worked harder as a blogger than the BV to nail Judge Limas. But reality does matter - a journalist actually does research before making stupid statements. The Coronado case which is the case Limas may have messed up because of bribes is before the Texas Supreme Court. It is the Herald case.

The issues before the Texas Supreme Court has nothing to do with any ruling by Judge Limas. The Herald is appealing the ruling of the Thirteenth Court of Appeals on a question of law. Judge Limas is not even an issue in the appeal, other than they upheld the ruling of not Judge Limas but Judge Alejandro. Again - not that facts matter.    Montoya how much were you paid to lie on this one?  Judge Alejandro denied the Herald's Motion for Summary Judgment. (I will double check this - but the reality is the appeal is not from Judge Limas but the 13th Court of Appeals on Questions of law - this is a certain fact.)

http://www.13thcoa.courts.state.tx.us/opinions/HTMLopinion.asp?OpinionID=17905

http://www.13thcoa.courts.state.tx.us/opinions/case.asp?FilingID=17907

Now when I tried to remove Judge Wittig when he got caught doing business with Robert Sanchez's attorney while my defamation case was pending before Judge Wittig - the case also included Montoya as a defendant - a case which netted me $60,000, Montoya and company called me every name in the book for objecting to Judge Wittig doing business with Sanchez's attorney at the same time he was the judge in the case. They attacked me because Judge Alejandro recused himself on his own motion rather than enforce his own gag order and put McHale in jail.

Now oh my god - it is learned Limas got paid money in the Coronado case so the Texas Supreme Court should throw the case out. Number one, and not that facts matter, it was Judge Alejandro, Montoya's hero and victim of Bobby Wightman-Cervantes who denied the Herald's motion. It was the court of appeals which found as a matter of law the cause of action under which the plaintiffs sued exists in Texas and that there was sufficient evidence that a fact question existed to proceed to trial.  Neither order had anything to do with Judge Limas.  If Montoya speaks he lies.

None of this has anything to do with Limas. As a matter of law the courts cannot punish the plaintiffs for the conduct of their lawyers unless it can be shown they knew of the conduct and were party to same.  

Zavaletta can file all of the frivolous motions he wants with the Texas Supreme Court, but it will not work. The issue before the Texas Supreme Court has nothing to do with Limas and the order which initiated the appeal was signed by Judge Alejandro.

The Texas Supreme court will reverse because they will not tolerate a plaintiff prevailing. They will either say the cause of action under which the plaintiffs sued does not exist, or the evidence as a matter of law was insufficient to raise a fact question for the jury.

But one must say Montoya in his piece showed about as much integrity and honesty as Limas did while a judge.

But in the end the Texas Supreme Court will reverse - not because of any thing Limas did, because he is not even an issue in the appeal, but because plaintiffs have no rights in Texas.

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