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Renaissance Park v. Davila8/31/2000
In this restricted appeal, we review a no-answer default judgment rendered in favor of appellee Dora Davila against appellants Renaissance Park and Renaissance Park Apartments in the amount of $1,222,400. Davila asserts that Renaissance was properly served with citation pursuant to section 92.003 of the Texas Property Code. Renaissance complains that service was improper and that the pleadings and proof do not support the judgment. Because we agree that service was improper, we will reverse and remand.
BACKGROUND
Davila's pleadings allege that in 1997 and 1998 she lived in the Chimney Hill Apartments, paying rent of $630 per month. During this time, Chimney Hill and Davila entered into an oral agreement whereby Davila would pay rent of $400 per month and the apartment manager, Ms. Jerri Landrum, who had moved in with Davila, would pay the remaining $230 directly to Chimney Hill. Chimney Hill failed to document the $230 payments and "now wants to hold Ms. Davila responsible for those payments." Davila was never late on her $400 monthly rent payments. Davila moved out around June or July 1998.
In August 1998, Davila attempted to purchase a house. While in the process of obtaining financing, her mortgage officer informed her that Chimney Hill had reported two "lates" on her rental history. This report prevented Davila from obtaining the lowest interest rate possible and therefore prevented her from purchasing the house. Davila otherwise had excellent credit. Also in August, Chimney Hill instituted "eviction proceedings" against Davila.
Davila then attempted to rent an apartment. She was thwarted when, in September, Chimney Hill "would not give a good payment history" and indicated that "an eviction had been filed against Ms. Davila for nonpayment of rent." Based on this information, the apartment complex refused to rent to Davila.
Davila sued Renaissance, alleging libel, slander, and negligence. In her petition, Davila states that Renaissance "bought the apartment complex formerly known as Chimney Hill" but does not aver when the purchase occurred. Davila's petition generally alleges that " efendants had a duty to manage the apartments, keep proper records, maintain a current and proper payment history and provide accurate information to inquirers"; " efendants failed to comply with their duty as a reasonable and prudent apartment complex should"; and because of "defendants' libel, slander, and negligence," she has suffered both past and future "financial injury." (Emphasis added.) Although Davila alleges that "Chimney Hill's owner, Mr. Charles Key was aware of the contract whereby Ms. Landrum was to pay the $230.00 per month," the petition contains no specific allegations against Renaissance or details about Davila's relationship, if any, with Renaissance. The record does not reflect that Key was ever employed by Renaissance in any capacity.
Relying on section 92.003 of the property code, Davila requested that Renaissance be served by "delivering [the citation] to on-premise manager or rent collector, Ms. Celsa Rodriguez-or-Mr. Shariz Habib, 2201 Willow Creek Dr. Austin, Texas 78741." The citation reflects service on Renaissance "by delivering to Jerry Landrum." Renaissance failed to respond, and Davila moved for default judgment. The district court conducted a hearing on her motion at which Davila testified that she could neither buy a house nor rent an apartment due to false information provided by "Chimney Hill." Davila and her accountant presented evidence that Davila's damages exceed $1,000,000. Based on this testimony, the district court rendered a default judgment against Renaissance.
DISCUSSION
Ru
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