Aaron Chevalier v. W.M. Roberson
01-15-00225-CV
| Tex. App. | Nov 16, 2015Background
- Landlord W.M. Roberson (pro se) sought possession in a forcible-detainer/eviction action; justice court ruled for Roberson and the county court at law affirmed after a trial de novo.
- Roberson relies on a special warrant deed (recorded in 2014; originally signed 2005), a signed month-to-month lease with tenant Aaron Chevalier beginning June 1, 2012, an affidavit of possession, and eviction pleadings.
- Chevalier disputed ownership, alleging competing family/heir claims (including a later-filed warrant deed by a purported co‑heir) and asserted various fraud theories; Chevalier filed multiple pleadings in several courts, some unserved on Roberson.
- Procedural complexity: prior justice-court judgment, multiple filings (including an earlier dismissed eviction), motions for new trial, and parallel district-court litigation (trespass to try title); appellate record lacks a reporter’s transcript of live testimony.
- Trial court credited Roberson’s evidence and credibility, found no jurisdictional defect for the forcible-detainer action, denied res judicata/collateral estoppel and new-trial relief, and entered judgment awarding possession to Roberson.
Issues
| Issue | Plaintiff's Argument (Chevalier) | Defendant's Argument (Roberson) | Held |
|---|---|---|---|
| Subject-matter jurisdiction of justice/county court over possession | Justice/county court lacked jurisdiction because title disputes dominate | Forcible-detainer jurisdiction proper: only superior right to immediate possession required; pleadings allege lease, nonpayment, and right of possession | Court held jurisdiction proper for forcible detainer; possession issue, not title, was dispositive |
| Ownership / superior right to possession | Chevalier contends Roberson lacks valid title and raises fraud/competing heir deeds | Roberson presented special warrant deed, lease, affidavit of possession; Chevalier failed to prove superior right or valid title transfer | Court found sufficient evidence (and presumes omitted transcript supports judgment) that Roberson had superior right to immediate possession |
| Res judicata / collateral estoppel (prior proceedings) | Earlier judgments or filings should bar this eviction or require different result | Prior proceedings did not fully adjudicate these specific possession events; later filings and unserved exhibits justify new consideration | Court rejected res judicata/collateral estoppel — possession disputes may change and newly presented/served matters are relevant |
| Motion for new trial (newly discovered evidence) | Chevalier argued newly discovered evidence of fraud and title issues warrant a new trial | Roberson argued evidence was cumulative/known earlier or irrelevant to forcible detainer; county court lacked authority to fully adjudicate title | Court denied new trial as appellant failed to meet requirements for newly discovered evidence and the eviction focused on possession, not title |
Key Cases Cited
- Tex. Ass'n of Business v. Tex. Air Control Bd., 852 S.W.2d 440 (Tex. 1993) (jurisdictional analysis and construing pleadings for jurisdiction)
- Rice v. Pinney, 51 S.W.3d 705 (Tex. App.—Dallas 2001) (justice court original jurisdiction for forcible detainer and appeal to county court)
- Morris v. Am. Home Mortgage Serv., Inc., 360 S.W.3d 32 (Tex. App.—Houston [1st Dist.] 2011) (forcible detainer focuses on superior right to possession, not title)
- Schafer v. Conner, 813 S.W.2d 154 (Tex. 1991) (absence of reporter’s record leads appellate presumption that evidence supported trial court’s judgment)