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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

Text extracted from the PDF; scanned pages were read by OCR. The PDF is the authoritative copy.

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.

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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App.—Amarillo 1994, writ denied) are withdrawn.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

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(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

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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

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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

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