Skip to main content
· 7/1/2014

Jessica Briones v. Brazos Bend Villa Apartments

Citations

  • 438 S.W.3d 808
  • 2014 WL 2945979
  • 2014 Tex. App. LEXIS 7093

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that landlord could not be considered “prevailing” party in forcible detainer action for purposes of recovering attorney’s fees and court costs because evidence was legally insufficient to prove that landlord gave tenant statutory notice to vacate
  • rejecting argument that “any failure to give the statutory notice is harmless error”
  • “Because forcible detainer is a statutory cause of action, a landlord must strictly comply with its requirements.”
  • sufficiency challenges to implied findings should be reviewed under the same standards as sufficiency challenges to jury findings or a trial court's express findings of fact
  • where the appellant “present[s] a contention that the lease was not properly terminated in the first place,” the appellant “assert[s] a right to current possession of the premises”
  • “The statutory notice to vacate 6 is not a step for terminating the lease. Instead, the statutory notice to vacate is a separate notice required for obtaining possession of the premises via forcible detainer once the lease has been terminated.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Busby, Donovan, Brown

Read full opinion on CourtListener

Sourced 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.