Straite v. Krisman

737 S.W.2d 80, 1987 Tex. App. LEXIS 8065
CourtCourt of Appeals of Texas
DecidedAugust 13, 1987
DocketNo. A14-86-454-CV
StatusPublished
Cited by7 cases

This text of 737 S.W.2d 80 (Straite v. Krisman) 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
Straite v. Krisman, 737 S.W.2d 80, 1987 Tex. App. LEXIS 8065 (Tex. Ct. App. 1987).

Opinion

OPINION

CANNON, Justice.

This appeal arises from a suit brought by appellant, Eveline Straite, against appel-lees, Leonard and Marjorie Krisman, for cancellation of a deed on the ground that the deed was given to secure a constitutionally prohibited mortgage of a homestead. The cause was submitted to the jury on five special issues. Upon appellees’ motion, the trial disregarded the jury’s answer to Special Issue No. 1 and entered judgment for appellees.

In four points of error, appellant complains of error by the trial court (1) in disregarding the jury’s answer to Special Issue No. 1; (2) in failing to enter judgment for appellant for damages as found by the jury; and (3) in refusing to submit appellant’s special issues on exemplary damages. We find error in the judgment and, accordingly, reverse the trial court’s judgment and remand the cause for new trial.

The evidence at trial indicated that in 1978, appellant purchased a home in Houston for $74,500. She made a cash down payment of $40,000 and assumed an existing mortgage. The mortgage payments were $468 per month. Her son, Stann Straite, agreed to make the mortgage payments, and he and his wife and children lived with appellant in the home.

In early 1980, the mortgage became delinquent, and the lienholder was threatening foreclosure. Stann Straite attempted to obtain a loan from appellee, Mr. Kris-man. A transaction was subsequently worked out where appellant received $15,-000 in exchange for executing a deed to her home to appellees. The deed was executed pursuant to an earnest money contract, which provided that appellant agreed to sell her home to appellees for $50,770: $15,000 in cash to be paid at closing and assumption of the existing mortgage ($35,-770) by appellees.

Appellant and her son remained in possession of the house after closing, and approximately three weeks later, Stann Straite entered into a one-year lease of the house from appellees. The lease also contained a repurchase option, which allowed Stann Straite to repurchase the house for $56,000 after six months but before expiration of the lease.

Approximately three months later, appel-lees brought an eviction suit against the Straites for nonpayment of rent. Appellant was subsequently evicted from her home on July 17, 1980.

Appellant then filed suit against appel-lees for (1) cancellation of the deed; (2) damages for wrongful eviction; and (3) exemplary damages. Appellees filed a “cross action” for slander of title or, in the alternative, for repayment of the loan made to appellant plus monies expended on maintenance and upkeep of the mortgage on the property. Appellant filed an answer to ap-pellees’ “cross action” and additionally pleaded that appellees had committed usury-

The case was tried before a jury, which made the following findings in response to special issues:

Special Issue No. 1
Do you find from a preponderance of the evidence that the true intent of the parties, Eveline Straite and Leonard and Marjorie Krisman, was that the deed and option to repurchase was not a sale of the house in question?
Answer: “It was not a sale”
or
“It was a sale”. '
Answer: “It was not a sale.”
Special Issue No. 2
Do you find from a preponderance of the evidence that the eviction of Eveline Straite from her homestead by Leonard and Marjorie Krisman was a proximate cause of damages to her?
Answer: “We do” or “We do not”.
Answer: “We do not.”
[82]*82 Special Issue No. 3
Find from a preponderance of the evidence what sum of money, if any, if paid now in cash, would fairly and reasonably compensate Eveline Straite for her damages, if any, resulting from the occurrence in question.
(a) Reasonable rental value of her homestead from the date of her eviction through time of trial.
Answer: $50,000
(b) The actual worth or value to Eveline Straite of her household goods, clothing and personal effects at the time of their loss.
Answer: $ 0
(c) Mental anguish suffered by Eveline Straite from the date of her eviction through the time of trial.
Answer: $25,000
Special Issue No. 4
Find from a preponderance of the evidence the principal amount of the loan, if any, made by Mr. and Mrs. Krisman to Eveline Straite.
Answer in dollars and cents, if any.
Answer: $ 0
Special Issue No. 5
Find from a preponderance of the evidence the amount of interest, if any, contracted for or charged by Mr. and Mrs. Krisman for the loan, if any, to Eveline Straite.
You are instructed that in answering Special Issue No. 5 that “INTEREST” is defined as compensation for the use or forebearance or detention of money. Answer in dollars and cents, if any.
Answer: $ 0

Both parties moved for judgment. In appellees’ motion for entry of judgment, they asserted two alternative reasons for judgment: (1) that the jury’s answer to Special Issue No. 1 was not supported by any evidence and, therefore, should be disregarded; or (2) that the jury’s answer to Special Issue No. 1 was in conflict with the remaining answers to special issues and, therefore, should be disregarded. The trial court disregarded the jury’s answer to Special Issue No. 1 and rendered judgment for appellees. This appeal followed.

In point of error one, appellant contends that the trial court erred in disregarding the jury’s answer to Special Issue No. 1 and in rendering judgment for appellees because the jury’s answer to that issue is supported by some evidence. We agree.

When the jury’s answers to special issues have any support in the evidence, the trial judge may not disregard the jury’s answers. Olin Corp. v. Cargo Carriers, Inc., 673 S.W.2d 211, 214 (Tex.App.—Houston [14th Dist.] 1984, no writ). This is true even though the great weight and preponderance of the evidence may be to the contrary. Id. Thus, the issue raised by point of error one is whether there is some evidence in the record to support the jury’s finding that the parties did not intend the transaction to be a sale.

After reviewing the record, we find that there is some evidence to support the jury’s answer to Special Issue No. 1. Appellant testified that she did not intend to sell her home to appellees. Further, she testified that, as she understood the transaction, her son was obtaining a $15,000 loan from appellees to catch up on the mortgage payments and she was to give them a second mortgage against her homestead to secure payment of that loan. We find that the trial court erred in disregarding the jury’s answer to Special Issue No. 1. Consequently, we sustain point of error one. However, in giving effect to Special Issue No.

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Bluebook (online)
737 S.W.2d 80, 1987 Tex. App. LEXIS 8065, Counsel Stack Legal Research, https://law.counselstack.com/opinion/straite-v-krisman-texapp-1987.