Court of Appeals of Texas, Second District, Fort Worth
MICHAEL D. WILSON APPELLANT
WESTDALE ASSET MANAGEMENT, LP APPELLEE
THE 141ST DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO.
WALKER, GABRIEL, and PITTMAN, JJ. DELIVERED:
MEMORANDUM OPINION 
an appeal from a suit for retaliation by a landlord.
See Tex. Prop. Code Ann. § 92.331 (West 2014).
Appellant Michael D. Wilson, who appeared pro se in the trial
court and is proceeding pro se on appeal, appeals from a
directed verdict and take-nothing judgment issued in favor of
Appellee Westdale Asset Management, LP. We will affirm.
Wilson was evicted from three different apartment complexes,
he sued Westdale, alleging causes of action for personal
injury, damages to personal property, and retaliation and
seeking damages of $75, 000, 000. See id.
the jury trial, Wilson testified about the circumstances
surrounding his evictions. Wilson lived at an unnamed
apartment complex in Irving from November 2004 to June 2011.
During that time, Wilson alerted "a national
agency" to suspicious activity at the apartments and
allegedly thwarted a terrorist attack. After Wilson made that
report, he was evicted from his apartment.
was homeless for seven months before moving to The Bluffs at
Paradise Creek Apartments in Euless. The basis of
Wilson's retaliation claim involving his eviction from
The Bluffs is vague. He claimed that The Bluffs overcharged
him $269 for a garage, but he later admitted that the money
was returned to him. Wilson testified that the day after he
received the $269 refund, he received a notice of non-renewal
of his lease. When Wilson failed to vacate his apartment, The
Bluffs sent him a notice to vacate and demand for possession;
the notice states that it is based on "TAA Lease
Contract dated 04/01/13 between residents named above and The
Bluffs at Paradise Creek (owner)." When Wilson continued
to hold over, The Bluffs removed Wilson's personal
property from his apartment and placed it in the parking lot
while it was raining. Wilson testified that he retrieved his
personal property; he did not, however, present any evidence
showing monetary damages to his personal property or
Westdale's involvement in removing and allegedly damaging
his personal property.
then moved back to Irving and lived in an apartment at the
Woodland Hills Apartments, which Wilson said were managed by
Numacorp.Wilson testified that after he complained
about his refrigerator not working, Numacorp evicted him and
removed all of his belongings. Wilson believed that Numacorp
and Westdale were affiliated, but he admitted that an
interrogatory response had stated that there was no
affiliation between the two entities. Wilson presented no
documentation to support his belief that the two entities
were affiliated or that his property was removed from this
apartment by Westdale.
Wilson's case in chief, the trial court questioned Wilson
about his non-retaliation claims. Wilson said that his
personal injury claim was based on "contributory
negligence and personal injury for this property damage and
mental anguish, mental distress, the fact that [he had] been
homeless, . . . [and] the personal injury for burdening [him,
]" but he presented no evidence to support these
Wilson rested his case, Westdale moved for a directed
verdict, arguing that "[t]here has been no liability
established in damages" to support Wilson's claims
for personal injury and damage to personal property, that
Wilson's retaliation claims related to his eviction from
the first apartment in Irving were barred by the statute of
limitations, and that Wilson had not offered any evidence to
establish retaliation related to his eviction from The
trial court stated on the record that the retaliation claims
related to Wilson's eviction from the first apartment in
Irving, which had accrued more than five years prior to the
date suit was filed, were barred by the statute of
limitations. The trial court also stated that Wilson had not
offered any testimony on the monetary damages he was seeking.
Wilson then asked whether he could offer his receipts in
closing argument, and the trial court denied Wilson's
request and granted Westdale's motion for a directed
verdict. The trial court signed a final judgment, ordering
that Wilson "take nothing by way of all of his causes of
action" against Westdale.