Geneva Colbert v. Langwick Senior Residences
14-10-01163-CV
Tex. App.Dec 13, 2011Background
- Affirmed and memorandum opinion filed December 13, 2011.
- Colbert appeals the county court’s forcible detainer judgment in Langwick’s favor.
- Langwick leased federally subsidized housing to Colbert and filed the forcible detainer action on August 19, 2010.
- Colbert argued notice defects, failure to provide reasonable accommodation, and retaliation under Texas Property Code.
- Trial court found Langwick entitled to possession and awarded costs; no findings of fact or conclusions of law were requested.
- Court applies harm analysis for federally subsidized housing notices if necessary, and Defendants’ harms described were not shown to stem from notice deficiencies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether notice of termination was proper | Colbert | Langwick | Overruled |
| Whether Langwick failed to make reasonable accommodation | Colbert | Langwick | Overruled |
| Whether Langwick retaliated against Colbert | Colbert | Langwick | Overruled |
Key Cases Cited
- Worford v. Stamper, 801 S.W.2d 108 (Tex. 1990) (implied findings of fact reviewed for sufficiency of evidence in bench trials)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (standard for reviewing implied findings of fact on appeal)
- Nealy v. Southlawn Palms Apartments, 196 S.W.3d 386 (Tex. App.—Houston [1st Dist.] 2006) (harm analysis for notice adequacy in subsidized housing cases)
- Roberson v. Robinson, 768 S.W.2d 280 (Tex. 1989) (sufficiency review of trial court’s findings of fact and legal conclusions)