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Forcible Entry and Detainer Law
 
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
2
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)

JUAN JESUS CANTU AND MARIA YOLANDA CANTU v. ZAR-MAT PROPERTIES, A TEXAS GENERAL PARTNERSHIP, JOSE RUBEN MATA AND ZARAGOSA HINOJOSA JR.

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

2

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.

2

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.

2

BACKGROUND

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)

Norman J. Harris v. Susan Marks Harris

Norman J. Harris sued Susan Marks Harris, D. Todd Riddles and Cheek, Cheek & Cheek claiming:

1. Plaintiffs, Norma J. Harris (“Norma”) and Glenn E. Harris (“Bud”) (collectively, “Plaintiffs”), are individuals. They are citizens, residents, and domiciliaries of Oklahoma County, State of Oklahoma.

2. The first Defendant, Susan Marks Harris (“Susan Harris”), is an thd... More...
   $0 (04-14-2013 - OK)

Maxine Adams v. Rebecca Ross

Rebecca Ross brought a forcible detainer action against Maxine and Cecil Adams in justice court seeking possession of certain real property in Bellaire, Texas. The justice court entered a default judgment in favor of Ross. The Adamses

2

filed a petition for bill of review in the county court at law. After a de novo bench trial, Ross again prevailed. The Adamses appeal the county cour... More...
   $0 (03-21-2013 - TX)

Neal Frazier, Jr. v. Richard M. Donovan

Richard M. Donovan owned a 107.21 acre tract of land (Tract 1) and a twenty-three-acre tract of land (Tract 2) in Angelina County, Texas (collectively referred to as ―real property‖). Donovan discovered that Neal Frazier, Jr., who had an ownership interest in nearby property described as Tracts 3 and 4, was living in a home on Tract 1. He also saw that Neal would allow horses to trample and ru... More...   $0 (12-03-2012 - TX)

John M. Stevenson v. Housing Authority of the City of Austin

Appellant John M. Stevenson, pro se (Stevenson), appeals from an order dismissing his de novo trial in a forcible entry and detainer action brought by the Housing Authority of the City of Austin (HACA). We affirm.

BACKGROUND

In October 2005, Stevenson leased an apartment in a public housing community, which is owned ... More...
   $0 (11-02-2012 - TX)

Dennis Mart v. Mike Mart

Farmland landlords appeal from the denial of this forcible entry and detainer action. Where the farm tenant cured his material breach by restoration of wetlands and the landlords1 incurred no damages, the landlords are not entitled to forcible entry and detainer.

I. Background Facts and Proceedings.

George Mart previously owned the leased property at issue here─240 acres of farmlan... More...
   $0 (10-17-2012 - IA)

Pine Ridge Park v. Dorothy Fugere

2 Defendant appeals from the denial of her motion to quash a notice of
3 restitution in this forcible entry and detainer (FED) action. This case poses the issue
4 whether the filing of a supersedeas undertaking on appeal pursuant to ORS 19.335(2)
5 tolls the 60-day limit on issuance of process to enforce a judgment for restitution of
6 premises under ORS 105.159(3). We affirm.
... More...
   $0 (09-26-2012 - OR)

NW Property Wholesalers, LLC v. Jeffrey Whyle Spitz

2 Plaintiffs Spitz and the Jeffrey Todd Whyle-Spitz Irrevocable Trust (the
3 trust) appeal a general judgment in a declaratory judgment action that concluded that
4 their ownership interest in residential real property had been terminated by a trust deed
5 foreclosure sale. Plaintiffs contend that the trial court erred in denying them their
6 requested declaration that the foreclos... More...
   $0 (08-29-2012 - OR)

New Wave Properties, Inc. v. Kimberly Wikoff

By two issues, appellant, New Wave Properties, Inc., appeals from the judgment of the County Court at Law of San Patricio County, denying appellant’s claims for eviction and past due rent and ordering appellant to return to appellee, Kimberly Wikoff, personal property removed from her apartment. We affirm.

I. BACKGROUND

Appellant is a management company for several apartment units.... More...
   $0 (07-19-2012 - TX)

Rose B. Garcia v. Irma G. Galvan

Rose B. Garcia, in her capacity as the independent administratrix of the estate of Richard S. Barboza, sued Irma G. Galvan for wrongful eviction. The trial court signed a final judgment granting summary judgment in favor of Galvan and denying Galvan’s motion for sanctions. Garcia challenges the grant of summary judgment on appeal, and Galvan challenges the denial of sanctions. We reverse the sum... More...   $0 (05-08-2012 - TX)

Edna Gayle Bovey v. Caren J. Coffey

Caren J. Coffey, Independent Executrix of the Estate of Elton Bovey, obtained a default judgment against Edna Gayle Bovey (“Bovey”) and the trial court awarded certain property to the estate. Coffey filed a complaint for forcible entry and detainer to remove Bovey from the property, but the Justice of the Peace granted judgment in favor of Bovey. Coffey appealed to the County Court at Law No. ... More...   $0 (04-26-2012 - TX)

Annie Louise Edwards v. Gaylon Rains

In late 2007, Annie Louise Edwards, an illiterate sixty-seven-year-old, and Gaylon Rains, a real estate developer, signed a writing under which Edwards agreed to purchase from Rains a house in Henderson.1 Not a year later, after a dispute arose,2 Edwards stopped paying Rains, yet continued to live in the house. Rains’ lawsuit against Edwards for breach of contract and seeking possession of the p... More...   $0 (02-08-2012 - TX)

Elk Creek Management Company v. Harold Gilbert

Defendants seek reconsideration of our decision in Elk Creek Management
3 Co. v. Gilbert, 244 Or App 382, 260 P3d 686 (2011). In this forcible entry and detainer
4 (FED) action, defendants appealed a judgment for plaintiff, the property owner's
5 management company. Defendants assigned error to the trial court's interpretation of
6 ORS 90.385, the anti-retaliation statute. We concl... More...
   $0 (01-05-2012 - OR)

Ahepa 192-1 Apartments v. Harry E. Smith

This appeal concerns the proper interpretation of a lease and the interplay with federal regulations, Iowa Code section 562A.27A, and chapter 648 (2009). The district court determined this forcible-entry-and-detainer (FED) cause of action accrued at the time of the tenant’s physical assault or the threat of physical assault upon other tenants. Consequently, the court found the cause of action w... More...   $0 (12-21-2011 - IA)

Robert Lyle v. Donna Michele Mangar

[¶1] In this case, we are asked to interpret the statutes that govern security deposits on residential rental units, 14 M.R.S. §§ 6031-6039 (2010), for the purpose of answering two questions: (1) may a landlord proceed on a claim to recover unpaid rent without first returning a tenant’s security deposit or providing a timely written statement of the reasons for retaining it, see id. § 6033, ... More...   $0 (12-15-2011 - ME)

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