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Forcible Entry and Detainer Law

This is an appeal from a judgment entered after a non-jury trial in a mortgage foreclosure proceeding. We hold the value of the property exceeded the amount due on the mortgage and no waste was present, but the district court's finding that the Kirks breached the contract for deed is not against the clear weight of the evidence on the McGinnitys' claims of failure to maintain insurance and failure... More...   $0 (11-09-2015 - OK)

Yada Smith and/or all ther occupants v. Beneficial Financial Inc., successors and assigns

This is an appeal from a judgment in a forcible detainer action awarding possession of a property located at 906 Ponds Court, Cedar Hill, Texas 75104–7280 (“the property”) to appellee Beneficial Financial 1 Inc., and its successors and assigns (“Beneficial”). In a single issue, appellant Yada Smith argues the trial court erred because she had “a superior right to immediate possession of her mortga... More...   $0 (11-06-2015 - TX)

Nancy Rangel v. McMackin-Beam Revocable Trust

Appellant Nancy Rangel and all other occupants appeal from the trial court’s final judgment which held that appellee McMackin Beam Revocable Trust (“Trust”) was entitled to possession of the real property at issue in addition to back rent and attorneys’ fees. Appellant asserts the following arguments: (1) whether the trial court correctly concluded that it had jurisdiction to hear case; (2) if the... More...   $0 (08-03-2015 - TX)

Carl "Stacey" Neese, individually and a/n/f of Logen Neese, Cameron Neese, et al. v. Ted B. Lyon, Marquette Wolf, et al.

Appellants sued appellees on several theories of liability including barratry. The trial court granted a take-nothing summary judgment in favor of appellees. Appellants raise thirteen issues on appeal. We affirm the trial court’s judgment in part, reverse it in part, and remand for further proceedings consistent with this opinion.
1 The Honorable Kerry P. FitzGerald, Retired Justice, was a mem... More...
   $0 (07-31-2015 - TX)

Dzevad Hurem v. Nickolas Tavares

In October 2010 Nasreen Quadri
bought an apartment in the West Ridge area of Chicago. At
some point thereafter, she learned that the police had investigated
a disturbance there, and so in January 2011 she visited
the apartment with her real estate agent and a locksmith.
Quadri’s agent called 911 after the group found Dzevad
2 No. 14-1269
Hurem in the unit. Hurem told an... More...
   $0 (07-14-2015 - IL)

Shields Limited Partnership v. Boo Nathaniel Bradberry and 40/40 Enterprises

This case involves the right to possession of the property containing the San Francisco Rose restaurant in Dallas, Texas. Shields Limited Partnership (“Shields”) appeals the trial court’s judgment awarding possession of the premises to Boo Nathaniel Bradberry and 40/40 Enterprises, Inc. in this suit for forcible detainer. Shields brings one issue on appeal contending the trial court erred by... More...   $0 (06-23-2015 - TX)

Michael Abend v. Federal National Mortgage Association

In this forcible detainer action, the county court signed a final judgment for
possession in favor of appellee Federal National Mortgage Association (Fannie
Mae) against appellant Michael Abend and others. In a single issue, Abend
contends that the county court erred by resolving the de novo appeal from justice
court without Abend having forty-five days’ notice of the trial setti... More...
   $0 (05-12-2015 - TX)

Leola Stuart v. Estelita Judson

Leola Stuart, proceeding pro se, appeals the judgment against her in this forcible entry and detainer action. See TEX. PROP. CODE ANN. §§ 24.001-.011 (West 2014). We overrule Stuart’s issues on appeal and affirm the trial court’s judgment.
1 The Honorable Jason Wolff is the presiding judge of County Court at Law No. 2, Bexar County, Texas. The Honorable Tina Torres, former presiding judg... More...
   $0 (05-06-2015 - TX)

Leroy Stroman v. Roxann Martinez

In this appeal from a forcible detainer action, appellant Leroy Stroman appeals the justice court’s award of possession of a property adjoining Stroman’s residence to appellee Roxann Martinez. Stroman contends that the justice court lacked jurisdiction to hear the case and that Martinez could not maintain a forcible detainer action against him. We affirm.
This ... More...
   $0 (05-05-2015 - TX)

Giovanni Elezi and Napolis of Tulsa, Inc. v. Parker Strip Center, LLC and Steve D. Eaton

Tulsa, OK - Giovanni Elezi and Napolis of Tulsa, Inc. sued Parker Strip Center, LLC and Steve D. Eaton on breach of contract theories claiming:

I. Plaintiff Giovanni Elezi is an individual who resides in Tulsa County, State of Oklahoma.
2. Plaintiff Napoli’s of Tulsa, Inc. is an Oklahoma corporation, and its principle place of
business is in Tulsa County, State of Oklahoma.
... More...
   $0 (04-16-2015 - OK)

Zhong Fu Lin v. Yun Xia Zheng

Tulsa, OK - Zhong Fu Lin sued Yun Xia Zheng on a forcible entry and detainer:

Date Code Description Count Party Amount
04-25-2012 TEXT

Civil relief more than $10,000 Initial Filing.
04-25-2012 ENTRY


04-25-2012 DMFE

$ 2.00
04-25-2012 PFE1
... More...
   $0 (04-02-2015 - OK)

Leroy Stroman v. Robert Russell Tautenhahn Independent Executor of the Estate of Robert L. Wright, Deceased

In this appeal we consider whether a party to a nonsuited case is entitled to attorney’s fees. Because the party seeking attorney’s fees had no pending request for affirmative relief when the case was nonsuited, we conclude that (1) this court has appellate jurisdiction; and (2) the trial court did not err in refusing to award fees. We affirm.
This ... More...
   $0 (04-01-2015 - TX)

Gregory Scott Cunningham v. Bobby Anglin

In an opinion and judgment dated August 12, 2011, we remanded this case to the trial court for a new trial on damages. Cunningham v. Anglin, No. 05-10-01023-CV, 2011 WL 3557951, at *5 (Tex. App.—Dallas Aug. 12, 2011, no pet.) (mem. op.) (“Cunningham I”). On remand, the parties tried the case before the court. The trial court rendered judgment for appellee Bobby Anglin, the agent of the landl... More...   $0 (01-30-2015 - TX)

WaiWai, LLC and 1717 Investments, LLC V. Jose Alvarado and Isabel M. Alvarado

WaiWai, LLC and 1717 Investments, LLC (collectively WaiWai) appeal the trial
court’s judgment granting declaratory judgment in favor of Jose and Isabel M. Alvarado and
awarding the Alvarados attorney’s fees and court costs. We will reverse the trial court’s grant of
summary judgment in favor of the Alvarados, render judgment in favor of WaiWai in part, and
remand in part.
... More...
   $0 (11-26-2014 - tx)

W. M. Roberson v. Aaron Chevalier

This is an eviction case. The county court at law, in an appeal from the justice court, determined that Aaron Chevalier had a superior right to possession of a residence. W.M. Roberson appeals the county court’s take-nothing judgment in
Chevalier’s favor, contending that the evidence is legally and factually insufficient to support it. Roberson also complains that Chevalier failed to... More...
   $0 (07-15-2014 - OK)

Spanish Court Two Condominium Association v. Lisa Carlson

¶ 1 This appeal arises out of a forcible entry and detainer action filed by a condominium association against one of its unit owners based on unpaid assessments. At issue is whether an association’s purported failure to repair or maintain the common elements is germane to the proceeding, and thus may be raised by the unit owner in defense of the forcible action. We hold that it is not germane t... More...   $0 (06-19-2014 - IL)


Appellants, Juan Jesus Cantu and Maria Yolanda Cantu, complain in this appeal of a November 30, 2009 order granting summary judgment in favor of appellees, Zar-Mat


Properties, a Texas General Partnership, Jose Ruben Mata, and Zaragosa Hinojosa, Jr. (collectively Zar-Mat), on the Cantus’ claims that Zar-Mat violated the Truth in Lending Act (TILA) by failing to provide them with t... More...
   $0 (05-08-2014 - TX)

Betty Getters v. The Baytown Housing Authority

Betty Geters appeals from a judgment favoring Baytown Housing Authority (BHA) in its forcible detainer action against her. In its judgment, the trial court awarded BHA possession of an apartment Geters had leased. In her sole issue, Geters contends that the trial court erred because the record does not contain evidence that BHA provided her with a notice to vacate that complied with Texas Property... More...   $0 (04-30-2014 - TX)

Konjit D. Girard v. AH4R I TX DFW, LLC

Appellee AH4R I TX DFW, LLC (AH4R) purchased the property occupied by pro se appellant Konjit D. Girard at a substitute trustee’s foreclosure sale and then, after it made a written demand for possession in a notice to vacate, filed an original petition for forcible entry and detainer when Girard failed to vacate the

1See Tex. R. App. P. 47.4.


premises. The justice of the p... More...
   $0 (02-20-2014 - TX)

Long Branch Maintenance Corporation v. Nicole Adams

Long Branch Maintenance Corporation appeals1 the denial of its claim for membership dues and assessments from Nicole Adams. Because the district court did not err in concluding a prior small claims ruling had no preclusive effect on the current small claims proceedings, and further, did not err in interpreting the corporation’s bylaws and membership agreement, we affirm.

I. Background Fac... More...
   $0 (02-05-2014 - IA)

Alfred F. Bernat v. Tomas Sotelo and Benancia Sotelo

Plaintiff-appellee Alfred Bernat appeals the trial court’s summary judgment. We affirm.



Bernat sued defendants-appellees Tomas Sotelo and Benancia Sotelo in the Harris County Civil Court at Law, seeking possession of certain real property on Larkin Street and an award of damages. Specifically, Bernat’s petition alleges that he has expended money for repairs an... More...
   $0 (01-17-2014 - TX)

Edith Johnson v. Mark C. Hopkins

This interlocutory appeal began as an unlawful detainer action brought by Edith Johnson and Lisa Miller (“Landlords”) against Mark C. Hopkins and Milton Williams (“Tenants”) in the General Sessions Court for Davidson County. The record on appeal is extremely sparse and includes neither the lease nor a description of the property at issue.1 The following factual and procedural summary is gl... More...   $0 (12-19-2013 - TN)

Jay C. Adkins v. Bret D. Davis, Lamun Mock Cunningham and Davis, P.C.

Jay C. Adkins sued Bret D. Davis, Lamun Mock Cunningham and Davis, P.C. on a personal tort theory claiming:

1. Plaintiff is a citizen of Oklahoma, who resides in Oklahoma County, Oklahoma.

2. Defendant, Bret Davis (“Davis”) is a citizen of the State of Oklahoma and is an attorney licensed to practice in the State of Oklahoma.

3. Defendant, Travis Lawler (“Lawler”) is a... More...
   $0 (12-19-2013 - OK)

Fifth Third Mortgage Co. v. Tamara Foster

¶ 1 Defendant Tamara Foster appeals from the trial court’s orders granting summary judgment in favor of plaintiff, Fifth Third Mortgage Co., in its forcible entry and detainer (FED) action against her, and denying her motion to reconsider. On appeal, defendant contends that summary judgment was improper where there was a question of fact as to whether plaintiff was aware of the existence of a w... More...   $0 (08-28-2013 - IL)

Jeremy George v. Gerald Catterline Irrevocable Trust

Jeremy George sued the Gerald Catterline Irrevocable Trust, Charlene Catterline, Trustee, and Ben Catterline claiming:

1. Plaintiff entered into a written lease agreement with Ben Catterlin who purported to have agency to enter into said lease, and said lease had not expired at the time ai4 date of the circumstances described below; and [7

2. Said agreement was entered in Tulsa C... More...
   $0 (07-03-2013 - OK)

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