During this Survey period, there were several forcible detainer cases challenging jurisdictional standing of the justice court, supersedeas bond procedures and tenancy-in-sufferance language. Also, there were typical interpretation of contractual language cases, some appropriate and some questionable, with several pending before the Texas Supreme Court for resolution. Most courts continued to follow the Texas Supreme Court’s lead in imposing a strict four corners approach to interpreting deeds and documents. The courts also imposed a strict compliance approach to correction instruments.
There was also a steady stream of sufficiency of summary judgment affidavits and several will be discussed for this Survey period. The standards and methods of determining fair market value in anti-deficiency suits were analyzed by one court, and in what may come as a surprise to many practitioners, the Texas Supreme Court reversed a lower court’s holding on the appropriate standard for damages for slander of title. An expansion of the Moayedi doctrine for statute of limitations waiver was also considered.
J. Richard White et al., Real Property, 5 SMU Ann. Tex. Surv. 317 (2019).