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Buddy Casteel and Jaret Brandon Casteel v. Amelia Stayton
04-15-00273-CV
| Tex. App. | Sep 22, 2015
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Background

  • 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)
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Case Details

Case Name: Buddy Casteel and Jaret Brandon Casteel v. Amelia Stayton
Court Name: Court of Appeals of Texas
Date Published: Sep 22, 2015
Docket Number: 04-15-00273-CV
Court Abbreviation: Tex. App.