Judith Ann Neuse and All Occupants of 2115 Ichabod Ln, Edinburg, TX 78539 v. Nationstar Mortgage, LLC
13-17-00508-CV
Tex. App.Oct 26, 2017Background
- Judgment for possession entered in County Court at Law No. 8, Hidalgo County: NationStar Mortgage, LLC d/b/a Champion Mortgage Company v. Judith Ann Neuse and all occupants of 2115 Ichabod Ln.
- Russell Glenn Neuse (signed pro se) filed a notice of appeal from that judgment on September 15, 2017, asserting among other grounds that his mother’s estate had not been probated.
- Russell filed a motion to stay the trial-court judgment on September 19, 2017; the trial court later signed an order on that motion.
- The appellate court raised jurisdictional concerns sua sponte, focusing on standing and related procedural defects (service, death/administration, and other proceedings such as bankruptcy).
- The Court of Appeals abated the appeal and remanded to the trial court for a hearing and findings on (1) Russell’s authority to proceed pro se, (2) whether Judith Ann Neuse or a personal representative was served in the justice-court matter, (3) whether Judith Ann Neuse is deceased and whether a personal representative has been appointed, and (4) existence/status of other proceedings that could affect the state action.
- The trial court was ordered to provide notice, hold a hearing, make findings of fact and conclusions of law, transcribe the hearing, and forward the records to the appellate court within 30 days; appellate briefing on the findings would be due ten days after rendition. Russell’s motion to stay was tentatively dismissed as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing / authority to proceed pro se | Russell appealed pro se claiming interest as son and raising probate concern | NationStar depended on validity of judgment and regularity of proceedings | Appeal abated; trial court must determine Russell’s legal authority/standing to prosecute the appeal or act for the estate |
| Service / process on decedent or representative | Russell contends estate unprobated, implying improper service on decedent | NationStar implicitly relies on justice-court process and service that produced judgment | Trial court to determine whether Judith or a court-appointed personal representative was served in the justice-court case |
| Decedent status and appointment of personal representative | Russell alleges the case involves his deceased mother and her estate was not probated | NationStar relies on existing judgment; may assert no probate/PR issue in record | Trial court to determine whether Judith Ann Neuse is deceased and whether a personal representative has been appointed by a competent court |
| Other proceedings (e.g., bankruptcy) affecting state case | Russell raised potential collateral proceedings that could affect the judgment | NationStar relies on finality of state-court judgment absent proof of other proceedings | Trial court to inquire into any other proceedings (bankruptcy, etc.) and report status; record to be returned to appellate court |
Key Cases Cited
- M.O. Dental Lab. v. Rape, 139 S.W.3d 671 (Tex. 2004) (appellate courts must dismiss appeals if they lack jurisdiction)
- Douglas v. Delp, 987 S.W.2d 879 (Tex. 1999) (standing is a component of subject-matter jurisdiction)
- Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440 (Tex. 1993) (standing may be raised for the first time on appeal)
- DaimlerChrysler Corp. v. Inman, 252 S.W.3d 299 (Tex. 2008) (a court has no jurisdiction over a claim made by a plaintiff without standing)
- Martin v. Clinical Pathology Labs., Inc., 343 S.W.3d 885 (Tex. App.—Dallas 2011) (standing cannot be waived and may be examined sua sponte)