Donald James Patterson v. Phillip Frazier--Appeal from County Court at Law No 3 of Bexar County

No. 04-00-00093-CV

Donald J. PATTERSON,
Appellant
v.
Phillip FRAZIER,
Appellee
County Court at Law No. 3, Bexar County, Texas
Trial Court No. 256244
Honorable Irene Rios, Judge Presiding

Opinion by: Alma L. L pez, Justice

Sitting: Tom Rickhoff, Justice

Alma L. L pez, Justice

Sarah B. Duncan, Justice

Delivered and Filed: November 22, 2000

AFFIRMED

The appellant, Donald Patterson, filed a small claims complaint in justice court against his landlord, Phillip Frazier. Therein, Patterson claimed that Frazier owed him money as reimbursement for costs he incurred in painting and repairing his apartment. The justice of the peace conducted a jury trial on Patterson's claim and the jury found in favor of Frazier. The justice of the peace rendered a take-nothing judgment.

Patterson appealed the justice court's judgment to county court. Frazier filed a no-evidence motion for summary judgment. Therein, Frazier argued that Texas law does not allow a tenant to recover the costs of painting and repairing a rented property without expressed provisions for such reimbursements in a lease or rental agreement, and that Frazier had failed to provide any evidence of a lease or rental agreement requiring Frazier to reimburse Patterson for material or expenses associated with painting or repairing the apartment. Patterson did not respond to Frazier's motion. After a hearing during which Patterson admitted that no lease or rental agreement existed requiring Frazier to reimburse him for repairs, the trial judge granted Frazier's motion.

The rules of civil procedure require the trial court to grant a no-evidence motion for summary judgment "unless the respondent produces summary judgment evidence raising a genuine issue of material fact." Tex. R. Civ. P. 166a. Because he did not respond to Frazier's motion for summary judgment, Patterson failed to produce summary judgment evidence that raised a genuine issue of material fact. As a result, the trial judge properly granted Frazier's motion. Id. Although Patterson states in his brief that he thought the no-evidence motion for summary judgment had already been ruled on before the hearing, he still did not respond to Frazier's motion or provide evidence that raised a genuine issue of material fact. We affirm the judgment of the trial court.

Alma L. L pez, Justice

DO NOT PUBLISH