Williamson v. Howard

554 S.W.3d 59
CourtCourt of Appeals of Texas
DecidedJanuary 31, 2018
DocketNo. 08-13-00309-CV
StatusPublished
Cited by17 cases

This text of 554 S.W.3d 59 (Williamson v. Howard) 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
Williamson v. Howard, 554 S.W.3d 59 (Tex. Ct. App. 2018).

Opinion

YVONNE T. RODRIGUEZ, Justice

In this pro se eviction case, Appellant Deen T. Williamson raises sixteen issues on appeal. As best as we can discern, her main legal points of error involve a plea in intervention, a directed verdict, and a plea to the jurisdiction. We affirm.

Factual Background

Appellant Williamson moved to Irving View Trailer Park (the "Trailer Park") in Irving, Texas sometime in 2002, with her trailer and a storage building. Appellant did not have a written lease but a month-to-month oral lease with the Trailer Park. When Appellant moved into the Trailer Park, Loran W. May was the owner. C&R Management, Carl Evans and Robin Evans (collectively, "C&R"), managed the Trailer Park for Mr. May.

Mr. May died in December 2010. In his will, the Trailer Park was bequeathed to High Plains Children's Home & Family Services, Inc. ("HP Home"), an orphanage in Amarillo, Texas. At that time, HP Home had a board of directors and their executive director was Craig Howard ("Howard"). May's will named Howard as the executor of his estate. C&R continued to manage the Trailer Park after May's death.

HP Home's board of directors and Howard decided to close the Trailer Park and sell the property given they decided it was not in the orphanage's best interest to operate the Trailer Park. HP Home charged C&R with the responsibility of determining and executing a notification plan to the tenants regarding move-out procedures, and the logistics of closing the Trailer Park. The closing of the Trailer Park was set for early March 2011.

On February 10, 2011, C&R notified the Trailer Park's tenants of the pending closure. C&R identified a number of tenants it would assist in moving to another C&R managed Trailer Park, subject to Howard's approval. Appellant was not included in this list. After complaining to some of HP Home's board of directors, Appellant contacted Howard to express her concerns about leaving the Trailer Park and not being selected by C&R for assistance in moving to another C&R managed property. As a result, Howard met with Appellant in front of her trailer at the Trailer Park and explained to her that C&R would assist her in moving out of the Trailer Park. Appellant testified that Mr. Evans offered her $200 for the storage unit but he never *64paid it. She also testified that she paid the individual who moved her trailer. Appellant also testified that when she moved, her first month's rent at the new location was free but subsequently went up to $510 per month as opposed to her monthly rent of $350 at the Trailer Park. In addition, her utility bill increased about $34 per month.

Appellant claimed that on February 23, 2011, Appellant's utilities were cut off, apparently due to non-payment by the property owner. Appellant subsequently sold her storage building and moved to a different complex.

Procedural Background1

On January 12, 2012, Appellant filed suit in Justice of the Peace Court Precinct Four, Place Two in Irving, Texas (the "JP Court") against Howard, in his personal and professional capacity. The suit alleged, inter alia , violations of the Texas Deceptive Trade Practices Act ("DTPA"), violations of the Texas Property Code, and fraud. On June 6, 2012, Howard filed a Motion for Leave to Designate a Responsible Third Party in Justice Court; namely, to designate C&R as the responsible third party. The JP Court granted Howard's motion to designate C&R as a responsible third-party.

On August 6, 2012, Appellant filed an amended petition in the Justice Court, again against Howard in his personal and professional capacity, adding HP Home, with similar, more detailed allegations than the first petition. C&R filed a petition in intervention, which Howard opposed, and on October 11, 2012 the JP Court denied Howard's Motion to Strike the Intervention.

On May 2, 2013, Appellant filed her second amended petition in the Justice Court, adding High Plains Children's Home & Family Services Foundation, Inc. ("HP Home Foundation"), an independent and distinct entity, as an additional defendant, alleging similar claims she previously made. On May 16, 2016, Appellant filed her second amended petition with the same, but more detailed allegations as the May 2, 2013 petition.

On June 5, 2013, after Appellant presented her case before a jury, the JP Court granted a directed verdict in favor of defendants Howard, HP Home, HP Home Foundation, and C&R, not ruling on the jurisdictional pleas Howard and HP Home Foundation previously filed. Appellant appealed the judgment of the Justice Court to the County Court of Law No. 2 of Dallas County (the "County Court").

On August 19, 2013, Howard, HP Home, and HP Home Foundation filed their First Supplemental Plea to the Jurisdiction in the County Court. After a hearing, the County Court granted Howard and HP Home Foundation's pleas to the jurisdiction and, in a separate order, granted the motion to strike the intervention of C&R.

On September 12, 2013, Appellant presented her case against HP Home (the remaining defendant) to a jury and the County Court thereafter granted HP Home's directed verdict. Appellant subsequently filed her motion for new trial and properly perfected her appeal.

DISCUSSION

On appeal, Appellant urges sixteen points of errors by the County Court. They are as follows:

1. Directed Verdict
2. Jurisdictional Bar
3. Motion to Strike the Petition of Intervention?
*654. Who was the landlord and/or acting Landlord?
5. Was Appellant Constructively Evicted?
6. Did Appellees violate the Texas Property Code?
7. Did Appellees violate the DTPA?
8. Was Appellant a Consumer, who is covered under the DTPA?
9. Did Appellees perpetrate Fraud Upon the Court?
10. Was the Judge Biased for Appellees?
11. Is High Plains Children's Home and Family Services, Inc. a legitimate Orphanage?
12. Did Appellees hire G & R [sic] Management as a scapegoat?
13. Did Mr. Craig Howard use the 32 children as a front to snare dying individuals estates and create bias in Appellant's Cause?
14. There are first impressions of law, which must be clarified by this Honorable 8th District Court of Appeals Specifically, (but not limited to) when did the Landlord-Tenant Relationship begin between Appellees and Appellant or if anyone inherits rent property: When does the Landlord-Tenant Relationship?
15. Will this Honorable 8th District Court of Appeals sum sponte rule on any other abuses of discretion, errors, and issues that this legal nightmare has created caused by the Court, Appellees, and Appellant's pro se status?
16. No categories of abuse of discretion, errors, and issues waivered by omission herein.

After reviewing the record and the briefs, we find Appellant's complaints may be cast into four categories.2

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Cite This Page — Counsel Stack

Bluebook (online)
554 S.W.3d 59, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williamson-v-howard-texapp-2018.