Erratum to Motion for New Trial¶
Bass v. D'Agostino and McSween, No. DC-2025-CV-1817 / No. 15-26-00132-CV · 2026-04-06 · PDF
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Filed 4/6/2026 6:07 PM Sara L. Smith Lubbock County - 237th District Court Lubbock County, Texas MS CAUSE NO. DC-2025-CV-1817 KEVIN N. BASS, Plaintiff, v. DARRIN D'AGOSTINO, D.O., M.P.H., M.B.A., in his official capacity as Provost and Executive Vice President of Academics of Texas Tech University Health Sciences Center; and AMANDA McSWEEN, in her official capacity as Managing Director of Enrollment Services and University Registrar of Texas Tech University Health Sciences Center, Defendants. § § § § § § § § § § § § § § § § § § § IN THE DISTRICT COURT OF LUBBOCK COUNTY, TEXAS 237th JUDICIAL DISTRICT PLAINTIFF'S ERRATUM TO SWORN MOTION UNDER RULE 306a(5) AND MOTION FOR NEW TRIAL UNDER RULE 329b TO THE HONORABLE JUDGE OF SAID COURT: Plaintiff Kevin N. Bass files this Erratum to correct two citation errors in Paragraph 34 of his Sworn Motion Under Rule 306a(5) and Motion for New Trial filed April 3, 2026. The citations to Gonzales v. Surplus Ins. Servs., 863 S.W.2d 96 (Tex. App.—Beaumont 1993, writ denied) and McDaniel v. Hale, 893 S.W.2d 652 (Tex. App.—Amarillo 1994, writ denied) are withdrawn. In their place, Plaintiff substitutes the following authorities: Lopez v. Lopez, 757 S.W.2d 721, 723 (Tex. 1988) (per curiam) (reversing court of appeals and holding that "requiring [a defendant] to show that he had a meritorious defense as a condition to granting his motion for new trial" violates due process when the defendant had no notice of the trial setting; expressly adopting Peralta v. Heights Med. Ctr., 485 U.S. 80 1 Copy from re:SearchTX (1988)). Mathis v. Lockwood, 166 S.W.3d 743 (Tex. 2005) (per curiam) (reversing court of appeals and granting new trial to pro se party who did not receive notice; holding that "the court has dispensed with the [meritorious defense] element for constitutional reasons" when the defaulted party was not given notice, and that "due process requires some lesser sanction than trial without notice or an opportunity to be heard" when noncompliance with address requirements was a mistake rather than intentional). Cruz v. Sanchez, 528 S.W.3d 104 (Tex. App.—El Paso 2017, no pet.) (reversing and granting bill of review where electronic service was attempted at an incorrect email address and pro se parties never received the filings; holding service at a wrong email address ineffective). The controlling authority — Peralta v. Heights Med. Ctr., 485 U.S. 80, 84-87 (1988) — is unchanged. All other statements in the Motion are unchanged. Respectfully submitted, /s/ Kevin N. Bass KEVIN N. BASS Pro Se Plaintiff Telephone: (512) 333-4092 Email: kbassphiladelphia@gmail.com CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Erratum was served on the following counsel of record via the eFileTexas electronic filing system on this 6th day of April, 2026: Scott D. Smith Assistant Attorney General Office of the Attorney General of Texas General Litigation Division 2 Copy from re:SearchTX P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Email: scott.smith@oag.texas.gov Karla Gutierrez Office of the Attorney General of Texas Email: karla.gutierrez@oag.texas.gov /s/ Kevin N. Bass KEVIN N. BASS 3 Copy from re:SearchTX Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 113303288 Filing Code Description: APLD - Amended Pleading Filing Description: Plaintiff's Erratum to Motion for New Trial Status as of 4/7/2026 8:25 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Tristan AGarza tristan.garza@oag.texas.gov 4/6/2026 6:07:07 PM SENT Karla Gutierrez karla.gutierrez@oag.texas.gov 4/6/2026 6:07:07 PM SENT Scott D. Smith scott.smith@oag.texas.gov 4/6/2026 6:07:07 PM SENT Kevin N. Bass kbassphiladelphi@gmail.com 4/6/2026 6:07:07 PM ERROR Copy from re:SearchTX