Buddy Casteel and Jaret Brandon Casteel v. Amelia Stayton
04-15-00273-CV
| Tex. App. | Sep 22, 2015Background
- Amelia Stayton is the record owner of property in Leakey, TX used by the Casteels to operate the "Hog Pen."
- For roughly a decade Amelia empowered her sister Melissa to negotiate leases, collect rent, and manage the property; Melissa routinely signed leases and received rent.
- On August 11, 2014 Melissa (at Amelia's direction) served the Casteels a notice to vacate; thereafter Amelia and Jaret Casteel exchanged Facebook messages about selling the property.
- On September 14, 2014 Melissa signed a 10-year lease with the Casteels; the Casteels believed Melissa still had authority to bind Amelia.
- Amelia later disavowed the September lease and sued for forcible entry and detainer; trial court granted eviction and attorney’s fees; the Casteels appealed.
Issues
| Issue | Plaintiff's Argument (Stayton) | Defendant's Argument (Casteel) | Held |
|---|---|---|---|
| Whether evidence showed the Casteels reasonably believed Melissa’s actual authority had ended before Sept. 14, 2014 | Amelia contends Melissa lacked authority when she signed the 10-year lease, so the lease is invalid | Casteels argue Melissa had long-standing actual authority and, absent notice of revocation, Melissa had lingering apparent authority to bind Amelia | Trial court found for Amelia (eviction). On appeal, appellants argue the record supports that Melissa had apparent authority and the eviction should be reversed |
Key Cases Cited
- Cain v. Bain, 709 S.W.2d 175 (Tex. 1986) (standard for factual-sufficiency review)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (standards for no‑evidence review)
- Sorenson v. Shupe Bros. Co., 517 S.W.2d 861 (Tex. Civ. App.—Amarillo 1974) (agency revocation not effective against third parties without notice)
- Neiman-Marcus Co. v. Viser, 140 So.2d 762 (La. Ct. App. 1962) (a third party may presume agent's authority continues absent notice of revocation)
