Ex parte Michael Carter--Appeal from 147th District Court of Travis County

State: Texas

Court: Texas Northern District Court

Docket No: 03-02-00387-CR

Case Date: 10/24/2002

Plaintiff: John Klekotka and Priscilla Klekotka

Defendant: Pamela Deneve and Robert Deneve--Appeal from County Court at Law No 2 of Montgomery County

Preview:In The

Court of Appeals Ninth District of Texas at Beaumont _________________
NO. 09-10-00255-CV

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JOHN KLEKOTKA AND PRISCILLA KLEKOTKA, Appellants V. PAMELA DENEVE AND ROBERT DENEVE, Appellees ________________________________________________________________________ On Appeal from the County Court at Law No. 2 Montgomery County, Texas Trial Cause No. 09-23847 ________________________________________________________________________ MEMORANDUM OPINION On appellant's motion for rehearing, we withdraw our opinion of January 13, 2011, and substitute this opinion. John and Priscilla Klekotka (the tenants), appeal from a judgment entered in favor of Pamela and Robert DeNeve (the landlords). We affirm the trial court's judgment. Background The landlords and the tenants entered a residential lease which commenced on September 16, 2009, and expired on December 16, 2009. The initial dispute between the

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parties arose when the tenants failed to timely pay their October rent. When the tenants refused the landlords' demand for payment, which included late fees, the landlords filed a petition for eviction in the justice of the peace court. The landlords' petition asserts the tenants had not paid rent and late fees as required by the terms of the lease. The landlords obtained a judgment from the justice of the peace, awarding them possession of the leased property, back rent in the amount of $2,600, and court costs. The tenants appealed to the county court, exercising their right to obtain a trial de novo, and they posted a cash appeal bond in the amount of $7,800. See Tex. R. Civ. P. 749; see also Tex. R. Civ. P. 752. Following a bench trial, the trial court found the tenants breached the lease by failing to timely pay their October rent. The trial court, in its judgment, awarded the landlords damages of $14,223 based on the damages recoverable under the lease. On March 8, the Klekotkas filed a motion for new trial, which was denied. Issues One and Two In their first two issues, the tenants argue the trial court never acquired jurisdiction to hear the landlords' claims. According to the tenants, neither the justice court nor the trial court acquired jurisdiction because the landlords did not properly serve them with a notice to vacate that strictly complied with the provisions of section 24.005(f) of the Texas Property Code. See Tex. Prop. Code Ann.

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