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Black v. Washington Mutual Bank

In her single issue on appeal, defendant argues that the justice court and the county court of law lacked subject-matter jurisdiction to decide the issue of immediate possession because the issue necessarily required the determination of ownership of the property, which was outside the courts' jurisdiction. The defendant took the property subject to the terms of the deed of trust, which allow foreclosure. Further, while defendant may seek recourse against the owner independent of the forcible detainer suit, her argument has no bearing on the determination of immediate right of possession. Accordingly, the justice court, and the county court on appeal, had subject-matter jurisdiction to determine the right to immediate possession of the property. Houston's 1st Court of Appeals, No. 01-09-00151-CV, 05-14-2010

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OPINION

Appellee, Washington Mutual Bank (“Washington Mutual”), brought a forcible detainer action in justice court seeking possession of property located at 15921 Stone Oak Estates Court, Cypress, Texas (“property”). The justice court issued a judgment in favor of the defendant, the occupant of the property, Ramona Black, denying Washington Mutual possession of the property. On de novo review in County Civil Court of Law Number 3, Washington Mutual received a writ of possession in its favor.

In her single issue on appeal, Black argues that the justice court and the county court of law lacked subject-matter jurisdiction to decide the issue of immediate possession because the issue necessarily required the determination of ownership of the property, which was outside the courts’ jurisdiction. We affirm.

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