Lake Livingston Properties, Inc. and Lynne Patricia Heddins v. Stephens Hills Property Owner's Association, Inc.
09-15-00304-CV
Tex. App.Dec 8, 2016Background
- Lake Livingston Properties, Inc. and Lynne Patricia Heddins challenged a trial court ruling arising from Stephens Hills’ declaratory judgment suit concerning title to a tract.
- The tract had been conveyed to Stephens Hills in 1977 with a warranty deed stating it was for a public sewage facility, but no sewage facility was ever built.
- Lake Livingston later attempted a reversion deed in 1980, which purportedly returned the tract to Lake Livingston, though not signed by Stephens Hills.
- Stephens Hills sued in 2009 seeking a declaratory judgment that its deed was valid against the reversion deed and asking the court to determine ownership, with fees under the Declaratory Judgments Act.
- Appellants counterclaimed for a declaratory judgment recognizing Heddins’ ownership and seeking fees, without citing the Property Code.
- The trial court granted partial summary judgment deeming the reversion deed void and Stephens Hills owner of the tract, then entered a final judgment incorporating the ruling and awarding fees under §37.009.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in deciding title under the Declaratory Judgments Act rather than as a trespass-to-try title action. | Heddins should have title resolved under the Property Code. | Stephens Hills’ declaratory relief was proper to resolve ownership, not a trespass action. | Waived error; court had jurisdiction and should have been appealed on preservable grounds. |
Key Cases Cited
- Moritz v. Preiss, 121 S.W.3d 715 (Tex. 2003) (untimely amended motion for new trial does not preserve issues)
- Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440 (Tex. 1993) (issues raising subject-matter jurisdiction may be raised anytime)
- Martin v. Amerman, 133 S.W.3d 262 (Tex. 2004) (title disputes under Property Code; declaratory judgment not proper for trespass-to-try title)
- City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671 (Tex. 1979) (issues not expressly presented cannot be grounds for reversal)
- McConnell v. Southside Indep. Sch. Dist., 858 S.W.2d 337 (Tex. 1993) (issues not expressly presented to trial court for reversal)