March 28, 2005

NOTICE: To the heirs of Jose Manuel Ballí Villarreal
RE: Update on La Barreta Appeal

On March 24, 2005 a three-judge panel of the 13th Court of Appeals affirmed Judge McDowell’s decision to grant summary judgment in favor of the Kenedy Memorial Foundation.

The judges were Linda Yañez, Nelda Rodriguez and Dori Contreras Garza. The opinion was written by Dori Contreras Garza.

I discussed our options with Hector Cardenas, who first learned about the decision 30 minutes after watching the Passion of the Christ. He told me to tell everyone that “this is just another test of our faith and WE ARE NOT DEAD YET!”

We plan on filing a motion for rehearing. If the three judges refuse to correct the errors in the opinion, then we will be forced to file an appeal to the Texas Supreme Court.

Now is the time for the family to stand strong. If anyone has original documents that could help win the case, now is the time to provide them to Hector Cardenas. If Herminia Chavana, Arturo Balli, Ignacio Balli and Manuel Salazar Balli were still alive, none of them would give up because of this setback, and neither will we. Please continue to pray for justice. Through prayer, all things are possible.

Please be sure to pray that judge Yañez, Rodriguez and Garza follow Texas law and reverse their decision so that we get the chance to prove to a jury that the heirs of Jose Manuel Ballí Villarreal are the true owners of La Barreta.

Respectfully yours,
Fred B. Balli

If you have had any phone or address changes, please contact Diana Balli ASAP at (956) 686-4666.