Tino Martinez and Marie Prado - Dating, Gossip, News, Photos
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The Yankees had tied the game earlier in the inning with a Chuck Knoblauch 3-run home run. The following three batters got on base, and Martinez came to the plate. After taking a very close ball 3, he hit a grand slam into the upper deck on a count, giving the Yankees a four-run lead. The second came on October 31, With two outs in the 9th inning and the Yankees trailing by two runs, Martinez came to the plate with a runner on.
He hit a home run to right center off Arizona Diamondbacks closer Byung-hyun Kim. The feat was repeated the following night by Scott Brosius. However, the Yankees would lose Games 6 and 7 and thus, the series. His best season statistically came inwhen he was second in the American League in home runs and RBI with 44 and respectivelyand finished second in AL Most Valuable Player voting.
The series went to Game 7, which Arizona won when Luis Gonzalez, Martinez's best friend, hit a game-winning single off Yankee closer Mariano Rivera in the bottom of the 9th inning. Gonzalez later recalled that when he went back home to check his answering machine, the first message of congratulations was from Martinez. Louis Cardinals for two seasons, once again replacing an aging legendary first baseman, Mark McGwire. His production during these three years declined, and he went through several prolonged slumps.
One of his most memorable moments during this tenure with the Cardinals came when he returned to Yankee Stadium during a series in An emotional Martinez was driven to tears when he went to bat as he was given a standing ovation by the Yankee fans who appreciated the integral part he played during the team's last dynastic run.
In the second game of the three game series, Martinez hit 2 home runs off former teammate Andy Pettitte to a loud thunderous ovation both times. The Yankee fans cheered him for a curtain call, a rare occurrence in honor of a visiting team's player.
Martinez hit 23 home runs while serving as a mentor for the team's many young players. His family lived just minutes from the Tropicana Field and he was popular with the Devil Rays fans.
Prof. Dr. Marcel Mayor
Second stint with the New York Yankees Martinez returned for a second tour of duty with the Yankees for the season. From May 7, to May 11,Martinez hit 5 home runs in 5 straight games, which is one more than his previous record set from June 27, to July 1, On Wednesday February 15, he officially decided to end his playing career.
Martinez confirmed the decision in the St. Martinez said that the offer from ESPN made his decision to retire a lot easier, as he would work on Baseball Tonight, do some radio work, and broadcast a few games.
In his year Major League career, Martinez hit. During his seven years with the Yankees, he hit home runs and drove in runs. Coaching and broadcasting InMartinez agreed to be a special instructor for the Yankees to help their first basemen with defensive skills. He made his regular season debut on April 9,when he called a game between the Yankees and the Rays that was coincidentally played back in his home area of Tampa Bay. Prior to the Summer Olympics Games, the host nation Greece, trying to build up their chances of winning a medal, decided to put together a team of North American baseball players of Greek heritage.
Martinez, having some Greek ancestry, was approached by the Greek Olympic team manager Rob Derksen and asked to play for the host nation. I The Regional Trial Court and the Court of Appeals erred in holding that petitioner was negligent in failing to immediately address respondent's queries and return his money and was consequently liable for the anguish suffered by respondent.
They ruled on an issue that was not raised by respondent in the lower court, thereby violating petitioner's right to due process. It is an established principle that "courts cannot grant a relief not prayed for in the pleadings or in excess of what is being sought by the party.
Teston,50 where this Court held that it is improper to enter an order which exceeds the scope of the relief sought by the pleadings: In Jose Clavano, Inc.
It is elementary that a judgment must conform to, and be supported by, both the pleadings and the evidence, and must be in accordance with the theory of the action on which the pleadings are framed and the case was tried. The judgment must be secudum allegata et probata. Due process considerations justify this requirement. It is improper to enter an order which exceeds the scope of relief sought by the pleadings, absent notice which affords the opposing party an opportunity to be heard with respect to the proposed relief.
The fundamental purpose of the requirement that allegations of a complaint must provide the measure of recovery is to prevent surprise to the defendant. Respondent's cause of action was based on the theory that the telexed funds transfer did not materialize, and the relief sought was limited to the refund of his money and damages as a result of the purported non-remittance of the funds to the correct beneficiary account.
Respondent's cause of action was based on paragraphs 5 and 6 of his Complaint: That the plaintiff talked with the President of the defendant and asked what was meant by that and was told that they did not succeed in sending the telegraphic transfer to the beneficiary account[.
That because of the refusal of the defendant to return the amounts given by the plaintiff, the latter suffered sleepless nights, worry and anxiety because of his fear that he lost the money that he entrusted to the defendant for transfer to the beneficiary account for which the plaintiff should be awarded moral damages on the amount of P20, That the defendant was guilty of gross negligence in failing to comply with its obligation to send the telegraphic transfer to the intended beneficiary account; That by way of example, the defendant should be ordered to pay exemplary damages in the amount of P20, Respondent demanded for the return of his money having the impression that the bank was not successful in remitting it.
The parties' pleadings and position papers submitted before the Metropolitan Trial Court raised the factual issue of whether petitioner had complied with its obligation to remit the funds of the respondent to his intended beneficiary's account with Citibank-Cairo. They likewise raised the legal issue of whether respondent was entitled to rescind the contract.
Tino Martinez - Wikipedia
Furthermore, during the preliminary conference, the following issues were defined: However, Section 9 of the Revised Rules on Summary Procedure calls for the submission of witnesses' affidavits together with a party's position paper after the conduct of a preliminary conference: Submission of Affidavits and Position Papers. The determination of issues at the preliminary conference bars the consideration of other questions on appeal.
Thus, either of the parties cannot raise a new factual issue on appeal, otherwise it would be unfair to the adverse party, who had no opportunity to present evidence against it. II The Metropolitan Trial Court correctly absolved petitioner from liability and dismissed the complaint upon its finding that the bank had duly proven that it had complied with its obligation under the telegraphic transfer. It found that despite the earlier advice of Citibank-Cairo that the beneficiary name did not match their files, Chinatrust and respondent Turner were subsequently informed that the amount sent had been credited to the account of the beneficiary as early as September 15, While the Regional Trial Court affirmed the court a quo's ruling that indeed the funds were credited to the intended beneficiary's account, it went further and touched upon an issue that was beyond the cause of action framed by the respondent.
It adjudged petitioner liable not because it failed to perform its obligation to remit the funds but because it purportedly did not exercise due diligence in attending to respondent's queries and demands with regard to the telegraphic funds transfer.
Specifically, it found petitioner negligent in its failure to promptly inform respondent that the money was, in fact, credited to the account of the beneficiary. The Regional Trial Court also faulted the petitioner for not submitting in evidence the "discrepancy notice," which according to the trial court "puts the.
In fact, they were never put in issue. The discrepancy notice only came up because it was the basis for Turner's claim for refund insisting that the funds were not credited to his travel agency's account.Tino Martinez drilled in the back, a wild brawl ensues
Hence, it is understandable that both parties did not present it in evidence. Similarly, the purported negligence of the bank personnel in attending to his concerns was neither raised by respondent in any of his pleadings nor asserted as an issue in the preliminary conference. Hence, it was improper for the Regional Trial Court to consider this issue on negligence in determining the respective claims of the parties.
Basic rules of fair play, justice, and due process require that arguments or issues not raised in the trial court may not be raised for the first time on appeal. Points of law, theories, issues and arguments not brought to the attention of the lower court need not be, and ordinarily will not be, considered by a reviewing court, as these cannot be raised for the first time at such late stage.
Basic considerations of due process underlie this rule. It would be unfair to the adverse party who would have no opportunity to present further evidence material to the new theory, which it could have done had it been aware of it at the time of the hearing before the trial court.
To permit petitioner in this case to change its theory on appeal would thus be unfair to respondent, and offend the basic rules of fair play, justice and due process. This Court has previously declared that: On appeal, however, the Regional Trial Court motu proprio found that petitioner was negligent in addressing respondent's concerns, which justified the award of damages against it. This was unfair to petitioner who had no opportunity to introduce evidence to counteract this new issue.
The factual bases of this change of theory would certainly require presentation of further evidence by the bank in order to enable it to properly meet the issue raised. Petitioner was not remiss in the performance of its contractual obligation to remit the funds. It was established that the funds were credited to the account of Min Travel on September 15,or two 2 days from respondent's application.
It merely relayed its contents to respondent. Citibank-Cairo is not an agent of petitioner but a beneficiary bank designated by respondent, upon the instruction of the beneficiary, Min Travel. The Regional Trial Court, as affirmed by the Court of Appeals, found petitioner negligent in addressing the concerns and queries of respondent. It specifically faulted petitioner for failure to submit any letters, tracers, cables, or other evidence of communication sent to Citibank-Cairo to inquire about the status of the remittance and adjudged petitioner liable for the anxieties suffered by respondent.
The one 1 -month delay in receiving the telex reply from Citibank-Cairo does not sufficiently prove petitioner's fault or negligence, especially since "[petitioner's communications were coursed thru a third-party-correspondent bank, Union Bank of California. Despite this, he insisted on demanding the retrieval of the funds after he opted not to pursue with his travel abroad.
Respondent did not specifically deny paragraphs 8 and 9 of petitioner's Answer with Counterclaims, which alleged the following: However, on September 22,the Plaintiff, despite being aware that his foregoing remittance was already received by the beneficiary MIN TRAVEL, changed his mind, and stated that he will no longer push though with his tour travel, and thus, requested for the retrieval of said funds. Defendant relayed said request through the foregoing channel to Citibank-Cairo.