Opinion
No. 05-16-00315-CV
06-27-2017
KAREN M. STEPHENS-BUTLER, Appellant v. THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2015-16, ITS SUCCESSORS AND ASSIGNS, Appellee
On Appeal from the County Court at Law No. 4 Dallas County, Texas
Trial Court Cause No. CC-15-05354-D
MEMORANDUM OPINION
Before Justices Francis, Brown, and Schenck
Opinion by Justice Francis
Karen M. Stephens-Butler appeals the trial court's judgment awarding possession of residential property to appellee Bank of New York Mellon. In two issues, Stephens-Butler contends the trial court erred by (1) hearing the case and rendering judgment when the Bank had no "valid pleading" on file and (2) considering the Bank's business records affidavit. We affirm.
The Bank filed a forcible detainer petition in the justice of the peace court to evict Stephens-Butler from a residence in Balch Springs. The Bank alleged it purchased the property at a foreclosure sale, gave written demand to Stephens-Butler to vacate, and Stephens-Butler refused. The JP court awarded possession of the premises to the Bank. Stephens-Butler timely appealed to the county court at law. Following a trial de novo, the county court awarded possession of the premises to the Bank. This appeal followed.
In her first issue, Stephens-Butler argues the trial court erred by hearing the case and rendering judgment because the Bank did not have a "valid pleading." Specifically, she argues the Bank's pleading was not sworn to by a duly authorized officer of the Bank, which she contends violates the requirement in Texas Rule of Civil Procedure 510.3 that "a petition in an eviction case must be sworn to by the plaintiff." The petition, however, contains a verification sworn to by the Bank's counsel, which this Court has previously determined to be sufficient in the face of the same arguments presented here. See Randle v. Deutsche Bank Nat'l Tr. Co., No. 05-14-01439-CV, 2016 WL 308711, at *5-6 (Tex. App.—Dallas Jan. 26, 2016, no pet.) (mem. op.) (concluding petition was not "defective due to its failure to be sworn to by the plaintiff in conformity with TRCP 510.3(a)" when it contained verification sworn to by bank's counsel)). We overrule the first issue.
In her second issue, Stephens-Butler argues the trial court erred by considering a business records affidavit because the record does not show service occurred in a "manner compliant with the applicable rules[.]" Specifically, she asserts "no evidence was offered to the court" showing the affidavit and records were served on her at least fourteen days prior to trial in the "form and manner" required by the rules. Stephens-Butler did not file a reporter's record of the trial of this case; thus, our record does not support her claim. To the extent she is raising an evidentiary complaint, the absence of a reporter's record obligates us to presume the evidence presented supports the trial court's judgment. See Lyons v. Plymathic Props., Inc., No. 05-15-00408-CV, 2016 WL 3564210, at *2 (Tex. App.—Dallas June 29, 2016, no pet.) (mem. op.). We overrule the second issue.
We affirm the trial court's judgment.
/Molly Francis/
MOLLY FRANCIS
JUSTICE 160315F.P05
JUDGMENT
On Appeal from the County Court at Law No. 4, Dallas County, Texas
Trial Court Cause No. CC-15-05354-D.
Opinion delivered by Justice Francis; Justices Brown and Schenck participating.
In accordance with this Court's opinion of this date, the judgment of the trial court is AFFIRMED.
It is ORDERED that appellee The Bank of New York Mellon F/K/A The Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2015-16, Its Successors and Assigns recover its costs of this appeal from appellant KAREN M. STEPHENS-BUTLER. Judgment entered June 27, 2017.