· 3/6/2002
Aguilar v. Weber
Citations
- 72 S.W.3d 729
- 2002 Tex. App. LEXIS 1684
- 2002 WL 356648
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the justice court did not have jurisdiction over forcible detainer suit because the contract for deed between the parties “did not provide for a landlord-tenant relationship in the event of default”
- holding the justice court and county court lacked jurisdiction because there was no title dispute
- observing that, “[i]f the right to immediate possession depends upon title to the property under the terms of the contract for deed, the county court at law lacks subject matter jurisdiction to issue the writ of possession”
- noting when there is no evidence of a landlord-tenant relationship, justice court and county court at law “would be required to determine the issue of title to resolve the right to immediate possession” and thus “lacked jurisdiction”
- “One indication that a justice court (and county court on appeal) is called on to adjudicate title to real estate in a forcible detainer case—and, thus, exceed its jurisdiction—is when a landlord tenant relationship is lacking.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Davis, Vance, Gray
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.