Ricardo Vaiz v. Federal National Mortgage Association ( 2015 )

NUMBER 13-14-00110-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
RICARDO VAIZ, Appellant,
v.
FEDERAL NATIONAL
MORTGAGE ASSOCIATION, Appellee.
On appeal from the County Court at Law No. 2
of Cameron County, Texas.
ORDER OF ABATEMENT
Before Justices Rodriguez, Garza and Longoria
Order Per Curiam
On June 6, 2013, appellee Federal National Mortgage Association (“Fannie Mae”)
filed a forcible-detainer petition against Ricardo Vaiz and all occupants in a justice of the
peace court in Cameron County Texas. Fannie Mae sought to evict Vaiz from certain
property located at “22329 FM 2556, La Feria, T[exas] 78559 a/k/a West Cantu Road,
Santa Rosa, T[exas] 78593.” The justice court entered judgment awarding possession
to Fannie Mae. Vaiz appealed to County Court at Law Number 2 of Cameron County,
which entered judgment awarding possession to Fannie Mae. This appeal followed.
This case is before this Court on the briefs. Jurisdiction of forcible detainer actions
is expressly given to the justice court of the precinct where the property is located and,
on appeal, to county courts for a trial de novo. See TEX. PROP. CODE ANN. § 24.004(a)
(West, Westlaw through Chapter 46 2015 R.S.); Gonzalez v. Wells Fargo Bank, N.A., 441
S.W.3d 709, 712 (Tex. App.—El Paso 2014, no pet.); see also TEX. R. CIV. P. 510.3(b)
(“[A forcible detainer action] must be filed in the precinct where the premises is located.
If it is filed elsewhere, the judge must dismiss the case.”). In a forcible detainer action,
the appellate jurisdiction of a county court-at-law is confined to the jurisdictional limits of
the justice court, so that the county court has no jurisdiction over an appeal unless the
justice court had jurisdiction. Aguilar v. Weber, 72 S.W.3d 729, 731 (Tex. App.—Waco
2002, no pet.).
The body of Fannie Mae’s original petition states that the subject property is
located in “Justice of the Peace Precinct 7 in Cameron County, Texas.” However, the
style of the petition states “Precinct 5, Position 3” in Cameron County. Similarly, the
judgment of the justice court states that the property is located in “Precinct 7, Place 1,”
but the style reflects “Precinct 5 Position 3.”
In county court, Fannie Mae filed a motion for summary judgment asserting its right
to possession of the property. In his response to Fannie Mae’s motion, Vaiz asserted
that “the court designation is precinct 5, position 3 and in the body of the judgment it
states precinct 7, place 1.” Vaiz further noted that a forcible detainer action must be
dismissed if brought in the wrong precinct. The county court’s judgment awarding Fannie
Mae possession of the property states that “[t]his is an appeal from a judgment entered
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in an eviction proceeding in the Justice Court, either Precinct 5, Position 3 or Precinct 7,
Place 1, Cameron County Texas . . . .”
The resolution of the jurisdictional issues presented in this appeal depends on
whether the property is located within “Precinct 7 Place 1” or within “Precinct 5 Place 3,”
the justice court in which Fannie Mae’s petition was filed. The record before this Court
fails to contain any evidence showing: (1) the specific geographical delineation of
Precinct 5, Place 3; and (2) a certified legible map showing the location of Vaiz’s property
in relation to the geographical boundaries of Precinct 5, Place 3. Accordingly, we ABATE
and REMAND this appeal for the proceedings specified herein.
Upon remand, the judge of the county court shall immediately cause notice to be
given and conduct a hearing regarding supplementation of the appellate record with the
aforementioned information. See TEX. R. APP. P. 34.5(c). The county court shall include
this information together with any orders it may enter regarding the aforementioned
issues, to be included in a supplemental clerk’s record. The county court shall cause a
supplemental reporter’s record of any proceedings to be prepared. The supplemental
clerk’s record and supplemental reporter’s record, if any, shall be filed with the Clerk of
this Court on or before the expiration of forty-five days from the date of this order. This
appeal will be reinstated upon receipt of the foregoing materials and upon further order
of this Court.
It is so ORDERED.
PER CURIAM
Delivered and filed the
22nd day of June, 2015.
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