Court of Appeals of Texas, Fifth District, Dallas
Appeal from the County Court at Law No. 2 Collin County,
Texas Trial Court Cause No. 002-02785-2015.
Justices Francis, Lang-Miers, and Whitehill
an eviction case following a foreclosure sale where the new
property owners David Hinman and Tyler Ivie (Owners) sued
Charles Dhyre and Tracy Dyhre (Occupants) for possession of
the property. Occupants appeal the trial court's judgment
awarding Owners possession, damages for rent, and appellate
raise six issues, claiming the trial court erred by: (i)
failing to file findings of fact and conclusions of law; (ii)
hearing the case and rendering judgment when the petition was
not properly verified; (iii) hearing the case and rendering
judgment when all indispensable plaintiffs had not been
joined; (iv) granting judgment for possession; (v) awarding
damages without an evidentiary foundation and (vi) awarding
appellate attorney's fees without supporting evidence.
conclude that the trial court did not err other than by
awarding appellate attorney's fees. We therefore (i)
reverse the attorney's fees award and render judgment
that appellees take nothing on attorney's fees and (ii)
affirm the remainder of the judgment.
home was foreclosed after they defaulted on their mortgage in
September 2014. The Owners purchased the house at an October
15, 2015 foreclosure sale and obtained the resulting deed.
later sent an eviction notice, but the Occupants refused to
leave. Consequently, Owners filed a forcible entry and
detainer suit in the Justice Court. The Justice Court awarded
possession to Owners, and the Occupants appealed to County
Court, which conducted a non-jury trial.
Owners testified at trial and entered into evidence their
deed, the eviction notice, and the original deed of trust
between Occupants and the foreclosing bank. The Occupants did
not present any evidence.
trial court's judgment awarded the Owners immediate
possession, $6, 258.04 in damages, and appellate
Occupants requested findings of fact and conclusions of law,
but they did not file a notice of past due findings when the
court did not issue findings. This appeal followed.
Occupants' First Issue: Did the trial court err by not
issuing findings of fact and conclusions of law?
first issue complains that the trial court failed to file
findings of fact and conclusions of law in accordance with
Tex.R.Civ.P. 296. Although Occupants do not explain why the
findings were required or how they were harmed, they argue
that the ...