In re High Pointe Invs., LLC

552 S.W.3d 384
CourtCourt of Appeals of Texas
DecidedJune 6, 2018
DocketNo. 10-18-00107-CV
StatusPublished
Cited by3 cases

This text of 552 S.W.3d 384 (In re High Pointe Invs., 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
In re High Pointe Invs., LLC, 552 S.W.3d 384 (Tex. Ct. App. 2018).

Opinion

AL SCOGGINS, Justice

In this forcible-entry-and-detainer action, relator, High Pointe Investments, LLC, has filed a petition for writ of mandamus asserting that the trial court abused its discretion by allowing real party in interest, John Margetis, to post a supersedeas bond to appeal an adverse judgment pertaining to a property that is not being used for residential purposes only. Because we agree that the trial court abused its discretion, we conditionally grant High Pointe's mandamus petition.

I. BACKGROUND

This proceeding arises from a suit for forcible entry and detainer and a writ of possession pertaining to commercial real property bought by High Pointe at a foreclosure *387sale and leased by Margetis. The property in question includes storerooms and parking areas, is located in Midlothian, Texas, and is not being used for residential purposes only.

The trial court ultimately granted a directed verdict for High Pointe and entered an order of possession and final judgment, which stated that: (1) High Pointe is entitled to possession of the property in question and that possession has been wrongfully withheld from High Pointe by Margetis; (2) High Pointe provided proper notice to Margetis to vacate the property; and (3) the property is not being used for residential purposes only. Accordingly, the trial court ordered that High Pointe recover possession of the property and that the issuance of a writ of possession be issued upon the expiration of ten days from the signing of the order, to be issued on High Pointe's request without further order or notice. The possession order also provided that Margetis could supersede this order by the posting of a supersedeas bond in the amount of $5,000 per month. More specifically, the order provided the following:

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that supersedeas bond is set in the amount of $5,000 per month with the first payment due on or before Friday March 2, 2018 and a like payment of $5,000 being due on the second day of each month thereafter. Payment should be made into the registry of the court.

(Emphasis in original).

On March 2, 2018, High Pointe's counsel submitted a letter to the trial court requesting the issuance of the writ of possession pursuant to the possession order. On the same date, Margetis filed a cash deposit in lieu of supersedeas bond for $5,000. High Pointe's writ of possession was subsequently denied, and High Pointe filed its mandamus petition in this Court. Thereafter, we requested a response to High Pointe's mandamus petition from all interested parties to be filed within twenty-one days of April 3, 2018. None of the interested parties have filed a response.

II. STANDARD OF REVIEW

Mandamus is an extraordinary remedy that will issue only to correct a clear abuse of discretion when there is "no adequate remedy by appeal." In re Prudential Ins. Co. of Am. , 148 S.W.3d 124, 135-36 (Tex. 2004) (orig. proceeding) (citations omitted). "A trial court has no 'discretion' in determining what the law is or applying the law to the facts." Walker v. Packer , 827 S.W.2d 833, 840 (Tex. 1992). "Thus, a clear failure by the trial court to analyze or apply the law correctly will constitute an abuse of discretion." Id. (citations omitted). In addition, a trial court clearly abuses its discretion if it reaches a decision so arbitrary and unreasonable as to amount to a clear and prejudicial error of law. Id. at 839. Regarding the resolution of factual issues or matters committed to the trial court's discretion, relator must establish that the trial court could reasonably have reached only one decision. Id. at 839-40. We cannot disturb the trial court's decision unless it is shown to be arbitrary and unreasonable, even if we would have decided the issue differently. Id. at 840.

With respect to the "adequate remedy by appeal" prong, the Texas Supreme Court has noted that the operative word, "adequate," does not have a comprehensive definition. In re Prudential Ins. Co. of Am. , 148 S.W.3d at 136. "Instead, it is simply a proxy for the careful balance of jurisprudential considerations that determine when appellate courts will use original mandamus proceedings to review the actions of lower courts."

*388In re Reynolds , 369 S.W.3d 638, 646 (Tex. App.-Tyler 2012, orig. proceeding) (citing In re Prudential Ins. Co. of Am. , 148 S.W.3d at 136 ). "These considerations include both public and private interests, and the determination is practical and prudential rather than abstract or formulaic." Id. (citing In re Prudential Ins. Co. of Am. , 148 S.W.3d at 136 ). Therefore, an appellate remedy may be inadequate when the benefits to mandamus review outweigh the detriments. See In re McAllen Med. Ctr., Inc. , 275 S.W.3d 458, 462, 468-69 (Tex. 2008) (orig. proceeding); In re Team Rocket, L.P. , 256 S.W.3d 257, 262 (Tex. 2008) (orig. proceeding). "Mandamus will not issue when the law provides another, plain, adequate, and complete remedy." In re Tex. Dep't of Family & Protective Servs.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
552 S.W.3d 384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-high-pointe-invs-llc-texapp-2018.