Gary Shepherd, Linda Shepherd, and All Other Occupants v. MWS Acquisitions, LLC

CourtCourt of Appeals of Texas
DecidedMarch 21, 2023
Docket01-22-00293-CV
StatusPublished

This text of Gary Shepherd, Linda Shepherd, and All Other Occupants v. MWS Acquisitions, LLC (Gary Shepherd, Linda Shepherd, and All Other Occupants v. MWS Acquisitions, LLC) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gary Shepherd, Linda Shepherd, and All Other Occupants v. MWS Acquisitions, LLC, (Tex. Ct. App. 2023).

Opinion

Opinion issued March 21, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-22-00293-CV ——————————— GARY SHEPHERD, LINDA SHEPHERD, AND ALL OTHER OCCUPANTS, Appellants V. MWS ACQUISITIONS, LLC, Appellee

On Appeal from the County Court Llano County, Texas1 Trial Court Case No. 03015

2 Per the Texas Supreme Court’s docket-equalization powers, this appeal was transferred from the Third Court of Appeals to this court on March 29, 2022. See TEX. GOV’T CODE § 73.001; Order Regarding Transfer of Cases from Courts of Appeals, Misc. Docket No. 22-9025 (Tex. Mar. 29, 2022). We are unaware of any relevant conflict between the Third Court’s precedent and ours. See TEX. R. APP. P. 41.3. MEMORANDUM OPINION Gary and Linda Shepherd appeal from a forcible-detainer suit in which the

trial court awarded possession of the property at issue to MWS Acquisitions, LLC.

The Shepherds contend there was not sufficient evidence that they received the

statutorily required notice to vacate. Because we conclude the record contains both

legally and factually sufficient evidence to support the trial court’s finding that the

Shepherds received notice, we affirm the trial court’s judgment.

BACKGROUND

MWS purchased the property where the Shepherds’ home is located at a

foreclosure sale. On October 6, 2021, MWS sent the Shepherds a notice to vacate

the property within three days. MWS sent the notice by three different methods:

(1) certified mail, return receipt requested; (2) regular mail; and (3) posting notice

to the outside of the Shepherds’ front door. MWS used the Shepherds’ home address

for the notices sent by certified mail and regular mail. Several days later, after the

court clerk advised MWS to give the Shepherds a 30-day notice to vacate instead of

the three-day notice MWS had given with the first notice to vacate, MWS sent an

amended notice using the same three methods: (1) certified mail, return receipt

requested to the Shepherds’ home address; (2) regular mail to the Shepherds’ home

address; and (3) posting notice to the outside of the Shepherds’ front door. The

Shepherds contend that they never received any of these notices. Specifically, they

2 claim they never received the mailed notices because they do not receive mail at

their home address; all of their mail goes to a separate P.O. Box with a different

address.

MWS filed a forcible-detainer suit against the Shepherds in November, after

the 30-day period to vacate the property had expired and the Shepherds did not

vacate the property. The case was tried to the bench in a justice of the peace court

and then de novo in county court. The county court ruled in favor of MWS and

awarded it possession of the property. The Shepherds now appeal the county court’s

judgment.

DISCUSSION

In three points of error, the Shepherds argue the trial court erred in awarding

possession to MWS because MWS did not prove that the Shepherds received the

notice to vacate, an element that MWS was required to prove to succeed in its

forcible-detainer suit.

A. Trial court did not err in excluding mortgage statements

We first consider the Shepherds’ claim that the trial court erred in excluding

the mortgage statements they sought to introduce into evidence. The mortgage

statements, the Shepherds argue, would have supported Gary Shepherd’s testimony

that he and his wife did not receive mail at their house because the mortgage

statements were addressed to the Shepherds’ P.O. Box.

3 1. Standard of review and applicable law

We review the trial court’s exclusion of evidence for abuse of discretion. JBS

Carriers, Inc. v. Washington, 564 S.W.3d 830, 836 (Tex. 2018). A trial court abuses

its discretion when it acts without reference to guiding rules or principles or when

its ruling is arbitrary or unreasonable. Downer v. Aquamarine Operators, Inc., 701

S.W.2d 238, 241–42 (Tex. 1985). Even if evidence is erroneously excluded, we may

not reverse the trial court’s judgment unless the error is harmful, meaning that it

“probably caused the rendition of an improper judgment.” TEX. R. APP. P. 44.1(a)(1);

see Gunn v. McCoy, 554 S.W.3d 645, 666 (Tex. 2018) (to reverse trial court’s

judgment based on exclusion of evidence, appellate court must conclude trial court

committed error and that error was harmful). We will uphold a trial court’s

evidentiary ruling as long as there is any legitimate basis for the ruling. Owens-

Corning Fiberglas Corp. v. Malone, 972 S.W.2d 35, 43 (Tex. 1998).

2. Analysis

The Shepherds sought to introduce several mortgage statements into evidence.

Each mortgage statement was addressed to Gary Shepherd and listed the Shepherds’

P.O. Box as the mailing address. The Shepherds intended to use the mortgage

statements to show they were receiving mail at their P.O. Box and not their home

4 The Shepherds argue on appeal that these mortgage statements would have

helped prove their claim that the notice to vacate was never delivered because it was

sent to the wrong address, their home address, instead of their P.O. Box where they

received mail. We disagree that the mortgage statements could prove the notice to

vacate was not delivered; at most, the mortgage statements would prove the

Shepherds received mail at a P.O. Box. But receiving mail at a P.O. Box does not

prove the Shepherds did not receive mail at their home address or that the notice to

vacate was never delivered. See Carroll v. Bank of N.Y., No. 10-03-00319-CV, 2005

WL 241224, at *2 (Tex. App.—Waco Feb. 2, 2005, no pet.) (mem. op.) (evidence

that appellant had P.O. Box did not speak to whether she received mail at home

address or prove she did not receive notice).

The Shepherds further argue that the mortgage statements would have

substantiated Gary’s testimony that he never received the notice to vacate. Again,

we disagree that the mortgage statements would have proved anything regarding the

notice to vacate, and at most, would have proved that the Shepherds received mail

at their P.O. Box.

On this record, we cannot say the trial court abused its discretion in excluding

the mortgage statements. See Downer, 701 S.W.2d at 242–43 (trial court abuses its

discretion when it acts without reference to guiding rules or principles or when its

ruling is arbitrary or unreasonable). Further, the Shepherds have not shown how the

5 exclusion of the mortgage statements “probably caused the rendition of an improper

judgment.” See TEX. R. APP. P. 44.1(a)(1).

The trial court did not abuse its discretion in excluding the Shepherds’

mortgage statements. Therefore, we overrule the Shepherds’ second point of error.

B. Evidence of notice is legally and factually sufficient

Next, the Shepherds argue there was legally and factually insufficient

evidence to prove the notice to vacate was delivered to them; instead, they argue, the

evidence conclusively established they never received notice.

1. Standard of review

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