Legal Opinion

Kennedy v. Highland Hills Apartments

Texas Court of Appeals, 5th District (Dallas)

Decided July 17, 1995No. 05-94-00688-CVPublishedCited by 20 opinions

1Opinion of the Court

OPINION

LAGARDE, Justice.

In this forcible detainer case, we consider whether a tenant’s failure to strictly comply with the requirements of rule of civil procedure 749b(2) entitles the landlord to a final judgment awarding it possession of the premises in the absence of a trial on the merits in county court. See Tex.R.Civ.P. 749b. 1 We conclude that the landlord is not so entitled.

Glenda Kennedy appeals from a judgment awarding exclusive possession of the premises at issue to Highland Hills Apartments. In the first of her ten points of error, appellant contends that the county court erred by…

2Cases cited3 opinions

  1. McGlothlin v. KliebertTexas Supreme Court · 1984
  2. Haginas v. Malbis Memorial FoundationTexas Supreme Court · 1962
  3. Ibarra v. Housing Authority of Corpus ChristiCourt of Appeals of Texas · 1990

3Cited by20 opinions

  1. Rice v. Pinney, Texas Court of Appeals, 5th District (Dallas)2001
  2. Ward v. Malone, Texas Court of Appeals, 13th District2003
  3. Lopez v. Sulak, Texas Court of Appeals, 13th District2002
  4. Cattin v. Highpoint Village ApartmentsCourt of Appeals of Texas · 2000
  5. It's the Berrys, LLC v. Edom Corner, LLC, Texas Court of Appeals, 7th District (Amarillo)2008

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