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Lynette Starr v. A. J. Struss & Company
01-14-00702-CV
Tex. App.
Jan 14, 2015
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Background

  • This case involves Lynette Starr appealing a final take-nothing judgment in favor of A.J. Struss Company LLC after motions for summary judgment.
  • Starr claimed property damage to a home owned by her parents (not herself) and asserted personal injury damages from mold exposure.
  • The trial court granted standing and no-evidence summary judgment motions against Starr, disposing of all claims.
  • AJS objected to certain affidavits and evidence, including Starr’s Durable Power of Attorney and Ray Starr affidavit.
  • On appeal, the court addressed (1) Starr’s standing to sue for property damage she did not own, and (2) whether no-evidence grounds supported dismissal of personal injury claims.
  • The appellate briefing and record below culminated in an order granting standing and no-evidence judgments, which Starr challenges on appeal.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Did Starr have standing to pursue property-damage claims for her parents’ home she did not own? Starr contends she had equitable title/right to sue. Starr did not own the property; no enforceable transfer or POA gave standing. No standing; ownership required at time of injury and suit; no valid transfer evidenced.
Was the no-evidence summary judgment proper as to Starr’s personal injury claims? Mold exposure could support health complaints with expert support. No medical causation evidence; expert testimony insufficient. Yes; lack of medical causation/expert proof supports no-evidence judgment.

Key Cases Cited

  • Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547 (Tex. 2000) (standing may be challenged by summary judgment)
  • Cincinnati Life Ins. Co. v. Cates, 927 S.W.2d 623 (Tex. 1996) (standing reviewed on appeal; jurisdiction at filing)
  • Brown v. Todd, 53 S.W.3d 297 (Tex. 2001) (standing prerequisites; injury and controversy)
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Case Details

Case Name: Lynette Starr v. A. J. Struss & Company
Court Name: Court of Appeals of Texas
Date Published: Jan 14, 2015
Docket Number: 01-14-00702-CV
Court Abbreviation: Tex. App.