Kristin L. Perryman v. Cottonwood Bend Ranch LLC, Weldon W. Alders, and Trinity Materials, Inc.
10-19-00309-CV
| Tex. App. | Jun 30, 2021Background
- Appellees (Cottonwood Bend Ranch, Alders, Trinity) sued after discovering a written "Authorization" by which Kristin L. Perryman (claiming to act for the Levee Improvement District) purportedly granted himself use of a levee roadway across appellees’ property to access Perryman family land.
- Appellees sought to remove a cloud on title, obtain declarations that the Authorization was invalid for multiple reasons, and secure temporary and permanent injunctions preventing Perryman from entering their property.
- Perryman disclaimed any right under the Authorization, and the Levee District Board adopted that disclaimer; nevertheless appellees moved for traditional summary judgment and injunctive relief in the County Court at Law of Navarro County.
- Perryman filed a plea to the jurisdiction (motion to dismiss) arguing the Navarro County court lacked subject-matter jurisdiction and that jurisdiction lay in Henderson County (the levee district’s county); the trial court denied the plea and also denied Perryman’s recusal motion.
- The trial court granted summary judgment for appellees and permanently enjoined Perryman from traveling on appellees’ property.
- On appeal, the Tenth Court of Appeals concluded the Navarro County Court at Law lacked jurisdiction to adjudicate the title dispute and reversed and rendered a dismissal for lack of subject-matter jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had subject-matter jurisdiction (County Court at Law of Navarro County) over appellees’ quiet-title/declaratory claims and injunctive relief | Appellees proceeded in Navarro County and sought declarations and injunctive relief to remove the alleged cloud on title | Perryman argued the suit concerned Henderson County Levee District No. 3 and that a county court lacks jurisdiction over suits involving title to real property | Court held Navarro County Court at Law lacked subject-matter jurisdiction over the title dispute; reversed and dismissed the case |
Key Cases Cited
- Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217 (Tex. 2004) (standard for reviewing plea to the jurisdiction and when to consider evidence)
- Harris County v. Sykes, 136 S.W.3d 635 (Tex. 2004) (plea to the jurisdiction seeks dismissal for lack of subject-matter jurisdiction)
- Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440 (Tex. 1993) (pleadings-based jurisdictional analysis)
- Coughran v. Nunez, 127 S.W.2d 885 (Tex. 1939) (county courts cannot adjudicate matters where title to land is at issue)
- Lippincott v. Whisenhunt, 462 S.W.3d 507 (Tex. 2015) (statutory construction principles; give effect to Legislature’s intent)
- Tellez v. City of Socorro, 226 S.W.3d 413 (Tex. 2007) (subject-matter jurisdiction overview)