Court of Appeals Upholds Eviction and Award of Attorneys' Fees

In its January 6, 2010 opinion in McDonald v. Claremore Apartment Homes, the Fourth Court of Appeals (San Antonio) upheld the Judgment of Eviction entered by Judge Paul Canales, sitting in the Bexar County Court at Law No. 5.

The Appeal involved claims by McDonald that the trial court erred in determining that she had not paid rent for several months in 2008, and that the attorneys' fees awarded to Claremeore were improper.

In overruling McDonald's claim, the Court of Appeals approved Canales' rejection of receipts from 2007 to indicate payment of rent in 2008. The Court also determined that uncontroverted testimony by Claremore's attorney concerning the number of hours spent handling the forcible entry and detainer action satisfied the Texas Property Code's requirements for awarding attorneys' fees to a prevailing landlord.

The opinion was authored by Justice Speedlin.