Michael Maldonado and Mary Maldonado v. Margo Properties, LLC

Summary

The Texas Thirteenth Court of Appeals affirmed a judgment awarding possession of real property to Margo Properties, LLC following foreclosure. The court held that a challenge to Gus Montis’s standing was moot because he was not a party in the county-court proceeding, that the capacity argument was waived, and that the challenge to Margo’s amended petition was not preserved.

Holdings

1. Any challenge to Montis's standing was moot because the county-court proceeding was a trial de novo, Margo's amended petition named only Margo as plaintiff, and Montis was not a party to the county-court judgment.
2. The court declined to reach the merits of the capacity challenge because the Maldonados did not raise it in a verified pleading before the trial court.
3. The challenge to Margo's amended petition was not preserved because the Maldonados did not object, assert surprise, or move to strike the amended petition in the trial court. In any event, the record did not support surprise because Margo had already been named as a plaintiff in the original justice-court petition.

Questions Presented

1. Whether any alleged lack of standing by Gus Montis in the justice-court eviction proceeding rendered the county court judgment void or otherwise required reversal.
2. Whether the Maldonados preserved their challenge to Montis's legal capacity to sue.
3. Whether Margo's amended petition was invalid because it was filed without leave of court or a conference with opposing counsel, and whether the Maldonados preserved any claim of surprise.

Disposition

affirmed