Opinion
No. 01-10-00932-CV
Opinion issued July 21, 2011.
On Appeal from the County Civil Court at Law No. 4, Harris County, Texas, Trial Court Case No. 970332.
MEMORANDUM OPINION
Appellants, Claudia Callejas and All Current Occupants, 16914 Country Bridge, Houston, TX 77095 (the "Occupants"), appeal the trial court's judgment awarding possession of the property in question to appellee, Federal National Mortgage Association ("FNMA"). In one issue, Callejas and the Occupants argue the trial court erred in awarding FNMA possession of the property in question because (1) the court lacked jurisdiction to determine right of possession because there was a title dispute over the property in question and (2) there is insufficient evidence to establish that FNMA gave proper notice.
We affirm.
Background
The property in question was sold at a non-judicial foreclosure sale to MetLife Home Loans on May 4, 2010. MetLife Home Loans subsequently conveyed the property to FNMA. FNMA then sent Callejas and the Occupants a notice to vacate the property.
On June 28, 2010, FNMA brought suit in a justice court in Harris County, seeking a judgment for possession. The justice court entered a default judgment in favor of FNMA. Callejas and the Occupants appealed to the County Civil Court at Law No. 4. The trial court conducted a trial de novo and rendered judgment in favor of FNMA. Callejas and the Occupants appealed to this Court.
Evidentiary Issues
In one issue, Callejas and the Occupants argue the trial court erred in awarding FNMA possession of the property in question because (1) the court lacked jurisdiction to determine right of possession because there was a title dispute over the property in question and (2) there is insufficient evidence to establish that FNMA gave proper notice.
In order to obtain a reporter's record, a party to a trial or evidentiary hearing is required to request that a record be made. Nicholson v. Fifth Third Bank, 226 S.W.3d 581, 583 (Tex. App.-Houston [1st Dist.] 2007, no pet.). On appeal, it is the burden of the appellant to bring forward a sufficient record to show error by the trial court. Id. When a party raises an issue on appeal relying on evidence presented to the trial court, absent any record of what evidence the trial court considered, we must presume the trial court had before it and passed on all necessary facts to support the order or judgment. Public, Inc. v. County of Galveston, 264 S.W.3d 338, 341-42 (Tex. App.-Houston [14th Dist.] 2008, no pet.). Accordingly, an appellant cannot prevail on any evidentiary issues in the absence of a reporter's record. Nicholson, 226 S.W.3d at 583.
No reporter's record exists for the trial before the trial court. Accordingly, appellants cannot prevail on any evidentiary issues raised. Id. We must determine, then, whether the issues raised by appellants were evidentiary issues.
FNMA brought a forcible detainer action in the justice court. A plaintiff in a forcible detainer action is not required to prove title, but is only required to present sufficient evidence of ownership to establish a superior right to immediate possession. Rice v. Pinney, 51 S.W.3d 705, 709 (Tex. App.-Dallas 2001, no pet.). "However, where the right to immediate possession necessarily requires resolution of a title dispute, the justice court has no jurisdiction to enter a judgment and may be enjoined from doing so." Id. The appellate jurisdiction of the county court is limited to the jurisdiction of the justice court. Id. at 708.
Callejas and the Occupants argue that there were conflicting claims to title to the property in question. They further argue that this conflict deprived the justice court and county court at law jurisdiction over the forcible detainer. In order for a trial court to be deprived of jurisdiction due to conflicting claims to title, there must be some proof of these conflicting claims to title. In other words, conflicting claims to title is an evidentiary issue.
The judgment in the justice court was obtained by default. There is no evidence in the record showing proof of conflicting claims to title in the justice court. There is no record of the trial before the county court at law. Accordingly, we must presume the trial court had before it and passed on all necessary facts to support the order or judgment. Public, Inc., 264 S.W.3d at 341-42. That is, we must presume either no or insufficient evidence was presented to the trial court to establish proof of conflicting claims to title of the property in question.
Callejas and the Occupants also argue that there is insufficient evidence to establish that FNMA gave proper notice. Proper notice is an element of forcible detainer. See TEX. PROP. CODE ANN. § 24.002 (Vernon 2000), § 24.005 (Vernon Supp. 2010). Proof of proper notice is inherently a fact issue. Because there is no reporter's record, we must again presume the trial court had before it and passed on all necessary facts to support the order or judgment. Public, Inc., 264 S.W.3d at 341-42.
We overrule appellants' sole issue.
Conclusion
We affirm the judgment of the trial court.