Appeal from the County Civil Court at Law No. 2 Harris
County, Texas Trial Court Case No. 1117336.
consists of Justices Lloyd, Landau, and Countiss.
Dwayne Rayshaun Wilson, challenges the trial court's
judgment in his case against appellees, Empire Towing LLC
("Empire Towing") and ATC Auto Storage LLC
("ATC"), for improper towing. He presents the
following three issues for our review: (1) "Can a
property conveyed to a private foreign trust be possessed
by a U.S. person who has no lawful or legal claim or right
to such property?"; (2) "Can a U.S. person under
verbal contract with another U.S. person use private trust
property . . . as collateral to settle a contract not entered
to by the trust or the trustee [where] no evidence exist[s]
evidencing the trust or the trustee to be accommodating
parties?"; and (3) "Did the trial court err in its
[judgment] concerning the right of possession concerning a
2010 Toyota Camry LE towed without consent or knowledge of
August 10, 2018, Wilson's 2010 Toyota Camry was towed,
without his consent, following Wilson's arrest. The
Houston Police Department ("HPD") officer presiding
over his arrest authorized Empire Towing to tow Wilson's
car to ATC for storage.
requested a hearing in justice court, pursuant to section
2308.452 of the Texas Occupations Code,  to determine
whether probable cause existed for the removal of his car.
After a hearing, the justice court found that probable cause
existed for the towing of Wilson's car.
timely appealed the justice court's probable cause ruling
to county court, where his case was tried without a jury.
Wilson testified that his car was towed without his consent.
He did not dispute that he owned the car and invoked his
Fifth Amendment right to avoid self-incrimination when the
trial court asked him to admit or deny whether he had been
arrested at the time that his car was towed.
trial court entered findings of fact and conclusions of law,
determining that Wilson's car was towed without his
consent at the direction and authorization of the HPD. The
trial court further determined:
[HPD] did have probable cause to remove the vehicle without
the consent of the owner under Municipal Code of Ordinances
45-202(a)(6) and Texas State Transportation Code
545.305(a)(8). Both of these statutes give a peace officer
express authority to tow [his car] pursuant to its driver
being arrested for an alleged offense that requires the
officer to take the driver into custody. There is no dispute
from petitioner regarding the fact that he was indeed
arrested and taken into custody on August 10, 2018, and at
the time he was driving the 2010 Camry that the officer
subsequently had towed.
trial court further found that "vehicle tow and storage
fees remain[ed] unpaid and uncollected" at the time of
determined that the removal and storage of Wilson's car
was made with probable cause, the trial court ordered that
Wilson to pay "for all costs of the removal and
storage" of his car.