Devon Wilmington v. Bay Area Utilities, LLC
01-15-00663-CV
| Tex. App. | Oct 26, 2015Background
- Bay Area Utilities purchased 12951 Iris Garden Lane after a July 1, 2014 foreclosure sale; Nationstar sold the property to Bay Area on July 31, 2015.
- Devon Wilmington and her husband Albert Reff remained in possession after foreclosure and after receiving a notice to vacate.
- Bay Area sued for forcible detainer in county court; a bench trial resulted in a July 27, 2015 judgment awarding Bay Area possession and monetary damages (lost rent, costs, and attorney’s fees).
- Wilmington alone filed a pro se notice of appeal; Reff did not appeal.
- No supersedeas bond was filed by Wilmington, Bay Area obtained a writ of possession, and Bay Area presently has physical possession.
Issues
| Issue | Plaintiff's Argument (Bay Area) | Defendant's Argument (Wilmington) | Held |
|---|---|---|---|
| 1. Right to possession | Bay Area holds superior right via warranty deed from purchaser at foreclosure; Wilmington is at sufferance | Wilmington contends chain-of-title/landlord-tenant issues undermine Bay Area’s right | County court correctly awarded possession to Bay Area; foreclosure purchaser’s title superior |
| 2. Mootness of possession issue on appeal | Judgment of possession enforced because no supersedeas bond; appeal on possession may be moot | Wilmington appealed but did not supersede the judgment | Possession issue effectively moot because judgment was not stayed and writ of possession executed |
| 3. Jurisdiction to decide possession | Forcible detainer is the proper, speedy forum for possession; district court reserved for title challenges | Wilmington argues title/ownership issues affect right to possession | County court properly adjudicated right to immediate possession; title challenges belong in district court |
| 4. Monetary judgment as to Reff | Monetary award against both defendants is final as to Reff because he did not appeal; Wilmington did not challenge damages on appeal | Wilmington did not contest damages on appeal and cannot appeal for Reff | Monetary judgment against Reff is final and not disturbed on this appeal |
Key Cases Cited
- Marshall v. Housing Auth. of City of San Antonio, 198 S.W.3d 782 (Tex. 2006) (forcible detainer is a speedy remedy for possession; judgment of possession may be enforced absent supersedeas)
- Scott v. Hewitt, 90 S.W.2d 816 (Tex. 1936) (a forcible detainer determines possession only; title attacks belong in district court)
- Krull v. Somoza, 879 S.W.2d 320 (Tex. App.—Houston [14th Dist.] 1994) (damages for withholding possession may be recovered in county court detainer action)
- Murphy v. Countrywide Home Loans, Inc., 199 S.W.3d 441 (Tex. App.—Houston [1st Dist.] 2006) (permissive occupant’s possession interest is inferior to record title holder)
- Ramco Oil & Gas, Ltd. v. Anglo-Dutch (Tenge) L.L.C., 171 S.W.3d 905 (Tex. App.—Houston [14th Dist.] 2005) (appellate review of county court rulings under abuse-of-discretion standard)
- Jackson v. Slaughter, 185 S.W.2d 759 (Tex. Civ. App.—Texarkana 1944) (strong presumption in favor of validity of judicial judgments)
- Williams v. Tooke, 116 S.W.2d 1114 (Tex. App.—Texarkana 1938) (public policy supports finality and validity of judgments)