Teenya M. Dixon and All Other Occupants of 1409 Shadow Brook Trail Garland, Texas 75043 v. the Bank of New York Mellon F/K/A the Bank of New York as Trustee for the Certificate Holders of CWalt, Inc. Alternative Loan Trust 2004-J5 Mortgage Pass-Through Certificates Series 2004-J5
08-13-00317-CV
| Tex. Crim. App. | Nov 5, 2015Background
- Dixon borrowed $305,200 in 2004 secured by a deed of trust on 1409 Shadow Brook Trail; MERS was named beneficiary.
- Property sold at a substitute trustee foreclosure sale on December 6, 2011; Bank of New York Mellon (the Bank) was the purchaser per the Substitute Trustee’s Deed.
- Bank served Dixon a notice to vacate; she did not vacate, and the Bank filed a forcible detainer action in Justice Court on January 27, 2012 attaching the substitute trustee’s deed.
- Dixon did not appear in Justice Court; judgment entered for the Bank; Dixon perfected a de novo appeal to County Court where the deed of trust and related documents were admitted at trial.
- Dixon filed a plea to the jurisdiction in County Court arguing lack of standing/subject-matter jurisdiction because the deed of trust was not offered at the Justice Court level; County Court overruled the plea and entered judgment for the Bank.
- This appeal challenges whether the Justice Court (and thus County Court on de novo appeal) had jurisdiction absent a deed of trust in the Justice Court record; this court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether court must determine standing/subject-matter jurisdiction before merits; whether County Court erred overruling plea contesting Bank's standing | Dixon: Justice Court lacked jurisdiction because Bank did not introduce deed of trust there, so County Court lacked jurisdiction on de novo appeal | Bank: Justice Court petition alleged facts (possession, trustee’s deed, notice to vacate, tenant-at-sufferance) sufficient to confer jurisdiction; any deficiency in evidence at JP did not excuse Dixon’s failure to appear or present evidence negating jurisdictional facts | Court: Petition alleged sufficient jurisdictional facts; plea overruled and Issue One denied |
| Whether lack of deed of trust in Justice Court record deprived Justice Court of jurisdiction (i.e., absence of jurisdictional facts) | Dixon: No deed of trust was presented at JP, so no proof of tenant-at-sufferance or Bank’s acquired rights at foreclosure | Bank: Justice Courts are not courts of record; the Bank had no obligation to present jurisdictional proof at JP until defendant produced evidence negating jurisdictional facts; Dixon did not appear or present such evidence | Court: Dixon failed to timely raise a fact-based jurisdictional challenge at JP; Bank’s pleading sufficed to confer jurisdiction; Issue Two denied |
Key Cases Cited
- DaimlerChrysler Corp. v. Inman, 252 S.W.3d 299 (Tex. 2008) (standing is component of subject-matter jurisdiction)
- Texas Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217 (Tex. 2004) (standards for plea to the jurisdiction; when evidence is considered and summary-judgment-style review)
- Heckman v. Williamson County, 369 S.W.3d 137 (Tex. 2012) (construing pleadings liberally in favor of jurisdiction when plea challenges pleadings)
- Shutter v. Wells Fargo Bank, N.A., 318 S.W.3d 467 (Tex. App.—Dallas 2010) (elements required to prove forcible detainer after foreclosure)
- Mission Consol. Indep. Sch. Dist. v. Garcia, 372 S.W.3d 629 (Tex. 2012) (plaintiff need not present jurisdictional evidence until defendant produces evidence negating jurisdictional facts)