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Barrera v. Chererco, LLC

Court of Appeals of Texas, Fourth District, San Antonio

March 8, 2017

Rosanna BARRERA, Jenesey Barrera, and Andrea Perez, Appellant
v.
CHERERCO, LLC, Appellee

         From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 14-1276-CV Honorable W.C. Kirkendall, Judge Presiding

          Sitting: Sandee Bryan Marion, Chief Justice Marialyn Barnard, Justice Patricia O. Alvarez, Justice

          MEMORANDUM OPINION

          Sandee Bryan Marion, Chief Justice

         Rosanna Barrera, Jenesey Barrera, and Andrea Perez appeal the trial court's judgment in favor of Chererco, LLC, contending the trial court erred by: (1) concluding their claims relating to the title to certain real property were barred by limitations; (2) concluding they failed to raise a fact issue on their adverse possession claim; and (3) entering a final judgment in the absence of an interested party. We affirm the trial court's judgment.

         Background

         On January 5, 2001, Diana and Jose Moreno executed a special warranty deed conveying a tract of land in Guadalupe County, Texas (the "Property") to Esequiel Kelly Barrera. At the time of the conveyance, Barrera was married to Mary Angela Barrera.

         In May of 2009, the San Marcos Consolidated Independent School District ("SMCIDS") sued Esequiel to recover delinquent ad valorem taxes. Esequiel was personally served with citation in the lawsuit, however, Mary Angela, whose name did not appear on the special warranty deed, was not given notice. The County of Guadalupe intervened in the lawsuit alleging it also was owed delinquent taxes. On June 7, 2010, the trial court signed a judgment awarding a personal money judgment against Esequiel and authorizing an order of sale for the Property. On October 4, 2010, the trial court clerk issued the order of sale. In November of 2010, the sheriff sold the Property and executed a Sheriff's Tax Deed conveying the Property to SMCISD, which was recorded on November 19, 2010. On December 10, 2012, SMCISD executed a Tax Resale Deed conveying the Property to Chererco.

         On June 16, 2014, two of Mary Angela's five adult children filed the underlying lawsuit against Chererco to set aside the sale.[1] A third adult child was added as a plaintiff in an amended petition, and Chererco filed a third-party petition against a fourth adult child. The fifth adult child, Dustin Poole, was never brought into the suit as a plaintiff or third-party defendant.

         Chererco filed a traditional and no evidence motion for summary judgment asserting numerous grounds. On October 19, 2015, the trial court signed an order granting the motion and specifically found the adult children's claims were barred by limitations. The order did not, however, dispose of Chererco's claim for attorney's fees. On March 11, 2016, the trial court signed a final judgment after Chererco withdrew its claim for attorney's fees, and this appeal ensued.

         Standard of Review

         We review a summary judgment de novo. Katy Venture, Ltd. v. Cremona Bistro Corp., 469 S.W.3d 160, 163 (Tex. 2015). To prevail on a traditional motion for summary judgment, the movant must show "there is no genuine issue as to any material fact and the [movant] is entitled to judgment as a matter of law." Tex.R.Civ.P. 166a(c). A trial court must grant a no-evidence motion for summary judgment unless the nonmovant produces some evidence raising a genuine issue of material fact on each element of the nonmovant's claims challenged in the motion. KCM Fin. LLC v. Bradshaw, 457 S.W.3d 70, 79 (Tex. 2015). We take as true all evidence favorable to the nonmovant, resolve all conflicts in the evidence in the non-movant's favor, and indulge every reasonable inference and resolve any doubts in the nonmovant's favor. Katy Venture, Ltd., 469 S.W.3d at 163.

         Limitations

         In their first issue, appellants contend the trial court erred in granting summary judgment in favor ...


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