Cummins Management, L.P. v. Gilroy

The dispositive issue in this case is whether a district court has subject matter jurisdiction over a forcible entry and detainer action when, to resolve the action, the court must determine a title dispute. Because we conclude that the district court lacked subject matter jurisdiction, we dismiss this appeal.

BACKGROUND

To secure a note, appellants, John M. Gilroy and Cynthia H. Gilroy, executed and delivered to Robert L. Cummins a trust deed encumbering property owned by the Gilroys. After the Gilroys failed to make payments on the note, the trustee conducted a trustee’s sale, where Frank L.…