Bonnie Allen-Pieroni v. Marc John Pieroni
538 S.W.3d 631
| Tex. App. | 2016Background
- Bonnie and Marc divorced in 2009; divorce decree required Marc to pay Bonnie $10,000/month for 50 months (a suspended judgment for $500,000 while payments made). Marc later paid the full $500,000 by August 2013.
- Marc bought a Collin County residence in March 2010 and claimed it as his homestead; he applied for homestead exemption in January 2011.
- Bonnie filed an abstract of judgment in June 2010 reflecting the $500,000 judgment. A 2011 court memorandum permanently enjoined Bonnie from filing any abstract regarding the remaining balance without court permission.
- In March 2014 Marc contracted to sell the homestead for $285,000; the sale could not close because the abstract of judgment appeared on title and Bonnie refused to execute a release.
- Marc sued (May 2014) to quiet title and for slander of title; at bench trial Marc sought declaratory relief that the property was free of Bonnie’s lien and sought damages and attorney’s fees. The trial court quieted title, awarded $98,438.28 in actual damages and $41,982 in attorney’s fees, and found Bonnie acted with malice.
- On appeal the court affirmed all relief except it reversed and rendered that Marc take nothing on his claim for attorney’s fees.
Issues
| Issue | Plaintiff's Argument (Marc) | Defendant's Argument (Bonnie) | Held |
|---|---|---|---|
| 1. Authority to award attorney’s fees | Pleading sought quiet title and requested fees; trial court may award fees for prevailing party obtaining relief on title issues | Marc did not plead a declaratory-judgment claim under Tex. Civ. Prac. & Rem. Code §37.009; fees are not authorized for slander or quiet title | Reversed award of attorney’s fees; rendered judgment Marc take nothing on fees (trial court abused discretion) |
| 2. Measure of damages for slander of title | Damages include lost sale proceeds and additional carrying costs caused by loss of sale | Bonnie contends Marc admitted property was leased and no proof of permanent market-value loss; thus damages improper | Overruled on appeal; court held damages awarded ($98,438.28) were the proper measures for slander of title (lost-sale proceeds plus additional payments) |
| 3. Malice element for slander of title | Bonnie acted with legal malice by deliberately refusing to release lien despite full payment, causing the lost sale | Bonnie argued insufficient evidence she acted with malice (claimed unpaid deficiencies) | Overruled on appeal; record supports deliberate refusal without reasonable cause — malice found |
| 4. Trial time limits / fair trial | Marc does not dispute time control; court managed trial time | Bonnie (pro se) argued strict time limits denied her a fair trial | Overruled for Bonnie; pro se litigants held to same standards, she failed to object so complaint not preserved |
Key Cases Cited
- Ramsey v. Davis, 261 S.W.3d 811 (Tex. App.—Dallas 2008) (elements and damages for slander of title)
- Elijah Ragira/VIP Lodging Grp., Inc. v. VIP Lodging Grp., Inc., 301 S.W.3d 747 (Tex. App.—El Paso 2009) (slander/quiet-title claims do not authorize attorney’s fees)
- Sani v. Powell, 153 S.W.3d 736 (Tex. App.—Dallas 2004) (declaratory-judgment action cannot be used solely to obtain attorney’s fees; no fees for quiet title)
- S.W. Guar. Trust Co. v. Hardy Road 13.4 Joint Venture, 981 S.W.2d 951 (Tex. App.—Houston [1st Dist.] 1998) (limits on using DJ actions to obtain fees)
- Audia v. Hannold, 328 S.W.3d 661 (Tex. App.—Dallas 2010) (pro se litigants are held to same procedural standards as attorneys)
- Brockie v. Webb, 244 S.W.3d 905 (Tex. App.—Dallas 2008) (failure to object to trial time limits waives complaint)