ROSEMARY C. PHELAN, Appellant
GOODBUYS USA INC., Appellee
Appeal from the County Civil Court at Law No. 1 Harris
County, Texas Trial Court Cause No. 1099559
consists of Justices Christopher, Jewell, and Hassan.
appeal from a forcible detainer action, appellant Rosemary C.
Phelan challenges a judgment awarding appellee Goodbuys USA
Inc. immediate possession of real property. Phelan asserts
that the county court at law lacked subject matter
jurisdiction to decide possession because a title dispute
must be, but has not been, resolved first. Phelan, however,
provides no evidence of such an intertwined dispute that
deprived the county court at law of jurisdiction, and we
affirm. Because all dispositive issues are settled in law, we
issue this memorandum opinion. See Tex. R. App. P.
filed this forcible detainer action in a Harris County
justice court to obtain possession of real property located
at 5205 Sue Marie Lane, Houston, Texas 77091 (the
"Property"). Goodbuys alleged that it purchased the
Property in December 2016, that Phelan and all other
occupants were tenants at sufferance who had been provided
notice to vacate and refused to do so, and that it had a
superior right to possess the Property. Phelan filed an
answer and a verified plea to the jurisdiction, asserting
that a title dispute involving ownership of the Property must
be resolved before possession could be determined. The
justice court ruled in Goodbuys' favor, implicitly
denying Phelan's jurisdictional plea. The judgment
awarded Goodbuys possession of the Property.
appealed the judgment to the county court at law, which
conducted a de novo non-jury trial. The trial court found in
favor of Goodbuys, ordering that a writ of possession issue
in its favor and stating in its judgment:
The Court examined the pleadings and heard the evidence and
argument of counsel. The Court finds that all necessary
residence qualifications and prerequisites of law have been
legally satisfied, and that this Court has jurisdiction of
all the parties and subject matter of this cause. All
persons entitled to citation were properly cited or made an
Jury and Record
The making of a record of testimony was conducted by the
official court reporter for the County Civil Court at Law
No. 1 for Harris County, Texas. With the consent of the
court all parties waived their right to a jury and all
matters in controversy, including questions of fact and of
law, were submitted to the Court.
Court finds that the material allegations in Plaintiff's
Original Petition for Eviction are true.
filed a timely notice of appeal. We have a clerk's record
from the county court at law proceedings, ...