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Wade v. Household Fin. Corp.

State of Texas in the Fourteenth Court of Appeals
Aug 30, 2019
NO. 14-18-00270-CV (Tex. App. Aug. 30, 2019)

Opinion

NO. 14-18-00270-CV

08-30-2019

DON WADE, Appellant v. HOUSEHOLD FINANCE CORPORATION III, Appellee


On Appeal from the County Court at Law Caldwell County, Texas
Trial Court Cause No. 6311

MEMORANDUM DISSENTING OPINION

This is an eviction case; it arises out of a forcible-detainer proceeding in the justice court. See Tex. Prop. Code Ann. §§ 24.002, .004. After losing in the justice court, Don Wade appealed to the county court at law. See Tex. R. Civ. P. 506.3. The county court at law rendered a summary judgment in favor of Household Finance Corporation III.

The justice court has jurisdiction to determine who has a superior right of possession in eviction suits. Tex. Prop. Code Ann. §§ 24.001, .004. The district court has jurisdiction to determine questions of title. Tex. Const. art. V, § 8; Tex. Gov't Code Ann. § 26.043. We must review the judgment before us, and any question of title cannot be determined in an eviction suit. See Tex. R. Civ. P. 510.3(e).

Rather than dismiss the appeal, I would decide the merits of Wade's appeal to the extent that (1) it relates to a determination of superior right of possession and (2) it raises a legitimate issue regarding the authority of the judge of the county court at law to act.

I respectfully dissent from the dismissal of the appeal for want of prosecution.

/s/ Charles A. Spain

Justice Panel consists of Justices Wise, Zimmerer, and Spain. (Spain, J., dissenting.)


Summaries of

Wade v. Household Fin. Corp.

State of Texas in the Fourteenth Court of Appeals
Aug 30, 2019
NO. 14-18-00270-CV (Tex. App. Aug. 30, 2019)
Case details for

Wade v. Household Fin. Corp.

Case Details

Full title:DON WADE, Appellant v. HOUSEHOLD FINANCE CORPORATION III, Appellee

Court:State of Texas in the Fourteenth Court of Appeals

Date published: Aug 30, 2019

Citations

NO. 14-18-00270-CV (Tex. App. Aug. 30, 2019)