Opinion
No. 05-08-00969-CV
Opinion Filed July 13, 2009.
On Appeal from the County Court at Law No. 2, Dallas County, Texas, Trial Court Cause No. CC-08-05568-B.
Before Justices WRIGHT, BRIDGES, and FRANCIS.
MEMORANDUM OPINION
Sharnette Hyter appeals from a judgment in a forcible detainer action awarding possession of property to HSBC Bank. In two issues, Hyter contends the trial court erred in awarding possession of the property to HSBC because the evidence is legally insufficient and against public policy. We overrule Hyter's issues and affirm the trial court's judgment.
On May 18, 2005, Hyter purchased the property and executed a deed of trust in the amount of $375,000. The property was sold at a non-judicial foreclosure sale on May 6, 2008. A substitute trustee's deed was executed conveying the property to HSBC. On May 13, 2008, HSBC provided Hyter with written notice to vacate the property. When Hyter failed to vacate the property, HSBC filed a petition for forcible detainer in a justice of the peace court. HSBC obtained judgment and Hyter appealed the judgment to the county court at law.
The county court at law conducted a bench trial. HSBC presented three exhibits: (1) the Substitute Trustee's Deed; (2) the Deed of Trust; and (3) the notices to vacate and demand for possession sent to Hyter. All three exhibits were admitted without objection. Hyter testified at the trial. She asked the trial court to let her stay in her house because she had nowhere else to go. The trial court awarded judgment for HSBC. This appeal timely followed.
In her first issue, Hyter contends the evidence is legally insufficient to support the judgment because the exhibits admitted into evidence constitute inadmissible hearsay. However, when the trial court asked whether there were any objections to the admission of the three exhibits, Hyter's attorney replied: "No objection, Your Honor."
Error is waived if the complaining party allows the evidence to be introduced without objection. Tex. R. App. P. 33.1(a); Bay Area Healthcare Group, Ltd. v. McShane, 239 S.W.3d 231, 235 (Tex. 2007). Because Hyter did not object to the admission of the exhibits, she has waived the right to complain about the evidence on appeal. We overrule Hyter's first issue.
In her second issue, Hyter contends that, as a matter of public policy, the trial court erred in awarding possession of the property to HSBC. Hyter did not raise this argument in the trial court. By failing to raise this argument in the trial court, Hyter has failed to preserve this complaint for appeal. Tex. R. App. P. 33.1(a); RT Realty, L.P. v. Texas Utilities Elec. Co., 181 S.W.3d 905, 918 (Tex.App.-Dallas 2006, no pet.). Accordingly, we overrule Hyter's second issue.
We affirm the trial court's judgment.