Serrano v. Francis Properties I, Ltd.

411 S.W.3d 661, 2013 WL 4472701, 2013 Tex. App. LEXIS 10543
CourtCourt of Appeals of Texas
DecidedAugust 21, 2013
DocketNo. 08-11-00191-CV
StatusPublished
Cited by9 cases

This text of 411 S.W.3d 661 (Serrano v. Francis Properties I, Ltd.) 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
Serrano v. Francis Properties I, Ltd., 411 S.W.3d 661, 2013 WL 4472701, 2013 Tex. App. LEXIS 10543 (Tex. Ct. App. 2013).

Opinion

OPINION

GUADALUPE RIVERA, Justice.

Appellee and lessor, Francis Properties I, Ltd., brought suit in justice court against Appellants and tenants, Rosa Serrano, TLP-EPL Enterprises, Inc. d/b/a The Lens Factory (Appellants), and others occupying a commercial premises in El Paso, Texas, for forcible detainer and unpaid rent due under the terms of a commercial lease agreement. On February 28, 2011, a jury returned a verdict in favor of Appellee. Appellants appealed the justice court’s ruling to County Court at Law Number Five of El Paso County after posting bond.

After hearing Appellee’s motion for summary judgment and Appellants’ response thereto, the trial court granted summary judgment in all respects on April 28, 2011, awarded possession of the premises to Francis with writs of possession and execution to issue on or after May 16, 2011, directed Appellants to pay Appellee actual and necessary attorneys’ fees and expenses with post-judgment interest, and ordered, adjudged, and decreed the summary judgment to be a final order disposing of all claims and all parties in the matter.

DISCUSSION

Appellants, appearing pro se, present twelve issues for our consideration, which include challenges to jurisdiction. We first address Appellants’ jurisdictional chai-[664]*664lenges, which suffer from the same briefing inadequacies as the non-jurisdictional issues we discuss below.

In the body of their argument, Appellants present jurisdictional challenges under two headings: Subject Matter Jurisdiction and Jurisdictional Limits. Because Appellants’ jurisdictional issues embrace more than one specific ground of error, they are multifarious. See Mays v. State, 318 S.W.3d 368, 385 (Tex.Crim.App.2010); In re J.L.B., 349 S.W.3d 836, 839 n. 5 (Tex.App.-Texarkana 2011, no pet.). Accordingly, we decline to address any issue presented therein other than jurisdiction.

The existence of subject matter jurisdiction is a question of law. State Dept. of Highways and Public Transp. v. Gonzalez, 82 S.W.3d 322, 327 (Tex.2002). When the nature of the case falls within the general category of cases that the court is empowered to adjudicate pursuant to applicable statutory and constitutional provisions, subject matter jurisdiction exists. City of El Paso v. Arditti, 378 S.W.3d 661, 665 (Tex.App.-El Paso 2012, no pet.). Jurisdiction over a forcible de-tainer suit is expressly given to the justice court in the precinct where the property is located and on appeal, to the county court for a trial de novo. See Tex.R. Civ. P. 749; Tex. Prop.Code Ann. § 24.004 (West Supp. 2012); see Puentes v. Fannie Mae, 350 S.W.3d 732, 738 (Tex.App.-El Paso 2011, pet. dism’d); Padilla v. NCJ Development Inc., 218 S.W.3d 811, 815 (Tex.App.-El Paso 2007, pet. dism’d w.o.j.). It is undisputed that Appellee’s property is located in the precinct where the property is located. Therefore, the justice court, and the county court on appeal, had subject matter jurisdiction of the forcible detainer action.

The appellate jurisdiction of a statutory county court is confined to the jurisdictional limits of the justice court, and the county court does not have appellate jurisdiction if the justice court did not initially have jurisdiction. See Puentes, 350 S.W.3d at 738; Padilla, 218 S.W.3d at 815. A justice court has original jurisdiction of civil matters in which exclusive jurisdiction is not in the district or county court and in an amount in controversy that is not more than $10,000, exclusive of interest. Tex. Gov’t Code Ann. § 27.031(a)(1) (West Supp.2012). The amount in controversy here consists of Appellants’ unpaid rent totaling $9,604. Accrued interest and post-judgment attorney’s fees are not normally considered in determining the amount in controversy. See Tarrant Restoration v. TX Arlington Oaks Apartments, Ltd., 225 S.W.3d 721, 726 (Tex.App.-Dallas 2007, pet. dism’d w.o.j.); Crumpton v. Stevens, 936 S.W.2d 473, 477 (Tex.App.-Fort Worth 1996, no writ). Because the amount in controversy was within the jurisdictional limits of the justice court, jurisdiction vested in the justice court and county court.

On our own motion, we next consider our jurisdiction to consider any issue related to possession of the premises. In a forcible detainer case, the sole issue is the right to immediate possession of the premises. Tex.R. Civ. P. 746 (the only issue to be resolved is the right of actual possession; the merits of title shall not be adjudicated); see Padilla, 218 S.W.3d at 814. A justice court and, on appeal, a county court lack jurisdiction to resolve any questions of title beyond immediate right to possession. See Puentes, 350 S.W.3d at 738; Black v. Washington Mut. Bank, 318 S.W.3d 414, 417 (Tex.App.Houston [1st Dist.] 2010, pet. dism’d w.o.j.).

At the time the county court’s judgment in this case was rendered, Section 24.007 of the Texas Property Code provided, “A final judgment of a county [665]*665court in an eviction suit may not be appealed on the issue of possession unless the premises in question are being used for residential purposes only.”1 Tex. Prop. Code Ann. § 24.007 (West Supp.2012); see also Chang v. Resolution Trust Corp., 814 S.W.2d 543, 545 (Tex.App.-Houston [1st Dist.] 1991, orig. proceeding) (court of appeals was without appellate jurisdiction over action that awarded possession of commercial property in a forcible entry and detainer suit); Carlson’s Hill Country Beverage, L.C. v. Westinghouse Road Joint Venture, 957 S.W.2d 951, 952-53 (Tex.App.-Austin 1997, no pet.) (Section 24.007 precludes appellate review of issue of possession of commercial premises and of “any finding essential to the issue of possession”). It is undisputed that Appellants used the premises at issue for commercial purposes and not for residential purposes. Therefore, we are without jurisdiction to review the county court’s determination on the issue of possession of the commercial premises or any finding that is essential to the issue of possession. Tex. Prop.Code Ann. § 24.007 (West Supp. 2012); Chang, 814 S.W.2d at 545; Carlson’s Hill Country Beverage, L.C, 957 S.W.2d at 952-53. Appellants’ jurisdictional challenges are overruled.

Because we have jurisdiction to address Appellants’ non-possession-related issues, we consider those that remain.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
411 S.W.3d 661, 2013 WL 4472701, 2013 Tex. App. LEXIS 10543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/serrano-v-francis-properties-i-ltd-texapp-2013.