William Dan Moss and Brenda Moss v. Mark Lawrence, Agent for the Garner Heir Group
CourtTexas Court of Appeals, 6th District (Texarkana)
Date FiledOctober 22, 2026
Docket06-26-00035-CV
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
In the
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-26-00035-CV
WILLIAM DAN MOSS AND BRENDA MOSS, Appellants
V.
MARK LAWRENCE, AGENT FOR THE GARNER HEIR GROUP, Appellee
On Appeal from the County Court at Law
Hopkins County, Texas
Trial Court No. CV25-09162
Before Stevens, C.J., van Cleef and Rambin, JJ.
Memorandum Opinion by Chief Justice Stevens
MEMORANDUM OPINION
Mark Lawrence, as agent for the Garner Heir Group, sued William Dan Moss and Brenda
Moss for forcible entry and detainer of seventy acres in Hopkins County. The Hopkins County
Justice Court, Precinct Two (Justice Court), awarded possession to Lawrence. The Mosses then
appealed to the County Court at Law of Hopkins County, Texas (trial court), wherein a jury also
awarded possession to Lawrence.
On appeal here, the Mosses argue that (1) the Justice Court and the trial court lacked
subject-matter jurisdiction because the right to possession could not be decided without
adjudicating title and (2) the judgment is void because the Garner Heir Group is not a legal entity
with standing to sue. For the reasons below, we affirm the trial court’s judgment.
I. Background
The Mosses lived on seventy acres in Sulphur Springs and maintain that the property has
been in the Moss family for decades. William’s mother died and specifically excluded him as an
heir to her estate, which included her share of the property. William contested his mother’s will
in the County Court at Law Number One of Hunt County, Texas (probate court), and the probate
court found against him. Then, William sued Lawrence, as agent for the Garner Heir Group, for
trespass to try title and to quiet title in the 62nd Judicial District Court of Hopkins County, Texas
(District Court). The District Court signed a final summary judgment ordering that William take
nothing, and William did not appeal.
Lawrence then served the Mosses with a notice to vacate and filed a sworn eviction
petition in the Justice Court. Lawrence alleged in the petition that the Mosses “were [n]ever
2
given permission to occupy the land . . . by the [Garner] Heir Group.” The Justice Court
awarded possession to Lawrence.
Following their loss in the Justice Court, the Mosses appealed to the trial court.
Appearing pro se, the Mosses elected for a jury trial. A few days before the jury trial, the
Mosses filed a “Petition for Bill of Review,” which was a single-page document that contained
no claims or legal arguments.
On March 9, 2026, the case proceeded to trial. After each side presented their case to the
jury, the jury found that the Garner Heir Group had superior right of possession. The trial court
signed a judgment of possession to Lawrence, as agent for the Garner Heir Group, and
subsequently signed an amended judgment stating the same.
Following the trial, the trial court denied the Mosses’ pre-trial petition for bill of review.
The Mosses now appeal.
II. The Trial Court Did Not Lack Jurisdiction
In their first issue, the Mosses argue that the trial court lacked jurisdiction because no
landlord-tenant relationship existed with Lawrence and the trial court was required to determine
ownership before awarding possession.
A. Standard of Review and Applicable Law
Whether a court has subject matter jurisdiction is a question of law. Sw. Elec. Power Co.
v. Lynch, 595 S.W.3d 678, 682 (Tex. 2020) (citing Tex. Dep’t of Parks & Wildlife v. Miranda,
133 S.W.3d 217, 226 (Tex. 2004)). This “question of law [is] review[ed] de novo.” Harrell v.
3
Citizens Bank & Tr. Co. of Vivian, 296 S.W.3d 321, 324 (Tex. App.—Texarkana 2009, pet.
dism’d w.o.j.).
“Chapter 24 of the Texas Property Code grants justice courts ‘jurisdiction in eviction
suits,’ including suits for forcible entry and detainer . . . and forcible detainer.” Westwood
Motorcars, LLC v. Virtuolotry, LLC, 689 S.W.3d 879, 883 (Tex. 2024) (quoting TEX. PROP.
CODE ANN. § 24.004(a)). “[E]viction suits are limited in scope and effect, with the ‘sole focus’
being ‘the right to immediate possession of real property.’” Id. (quoting Shields Ltd. P’ship v.
Bradberry, 526 S.W.3d 471, 478 (Tex. 2017)).
A justice court has original jurisdiction of forcible entry and detainer cases, but it has no
jurisdiction of “a suit for trial of title to land.” TEX. GOV’T CODE ANN. § 27.031(a)(2), (b)(4)
(Supp.). The rules regarding eviction provide that “[t]he court must adjudicate the right to actual
possession and not title.” TEX. R. CIV. P. 510.6(f). “Although the justice court’s judgment may
be appealed to county court, ‘the county court has no greater jurisdiction than the justice court
had.’” Westwood, 689 S.W.3d at 883 (quoting Tellez v. Rodriguez, 612 S.W.3d 707, 709 (Tex.
App.—Houston [14th Dist.] 2020, no pet.)).
“Where determination of the right to immediate possession requires adjudication or
resolution of a title dispute, the justice court has no jurisdiction to enter judgment in the forcible
(entry and) detainer action.” Geldard v. Watson, 214 S.W.3d 202, 206 (Tex. App.—Texarkana
2007, no pet.). “[T]he right to immediate possession can be determined separately from the right
to title in most cases.” Harrell, 296 S.W.3d at 326. A plaintiff in an eviction suit “is not
required to prove title, but is only required to show sufficient evidence of ownership to
4
demonstrate a superior right to immediate possession.” Id. at 327. “[I]t is only when the justice
or county court must determine title issues that it is without jurisdiction to adjudicate a forcible
detainer case.” Rice v. Pinney, 51 S.W.3d 705, 713 (Tex. App.—Dallas 2001, no pet.).
B. Analysis
The Mosses first argue that an eviction suit cannot proceed without a landlord-tenant
relationship. Chapter 24 creates two claims for eviction: (1) forcible entry and detainer and
(2) forcible detainer. “Generally, forcible entry and detainer occurs when a person enters the
property of another ‘without legal authority or by force and refuses to surrender possession on
demand.’” Westwood, 689 S.W.3d at 883 n.2 (quoting TEX. PROP. CODE ANN. § 24.001(a)). A
forcible entry includes “an entry without the consent of the person in actual possession of the
property.” TEX. PROP. CODE ANN. § 24.001(b)(1). “Forcible detainer occurs when a person
whose initial entry was lawful ‘refuses to surrender possession . . . on demand.’” Id. (quoting
TEX. PROP. CODE ANN. § 24.002(a)). Forcible entry and detainer requires no tenancy, and
forcible detainer requires tenancy. See TEX. PROP. CODE ANN. §§ 24.001, 24.002.
Here, the petition does not specify which cause of action. However, in the petition for
eviction, Lawrence alleged that “William Dan ‘Bill’ Moss nor his Wife Brenda Moss were ever
given [p]ermission to occupy the land at 600 FM 1536 by the [Garner] Heir Group.” Thus, the
substance makes it clear that Lawrence sought forcible entry and detainer. See State Bar of Tex.
v. Heard, 603 S.W.2d 829, 833 (Tex. 1980) (orig. proceeding) (“We look to the substance of a
plea for relief to determine the nature of the pleading, not merely at the form of title given to
it.”). Therefore, Lawrence was not required to prove tenancy.
5
Moreover, nothing suggests that the trial court needed to resolve title before resolving
possession. The Mosses cite to Rice for the proposition that a justice or county court does not
have jurisdiction if there is a genuine dispute over title. See Rice, 51 S.W.3d at 713. That is the
exact argument made in Rice, and that court stated that a genuine issue over title is not required.
The court in Rice also stated that “a justice court or county court at law is not deprived of
jurisdiction merely by the existence of a title dispute, but is deprived of jurisdiction only if ‘the
right to immediate possession necessarily requires the resolution of a title dispute.’” Id. (quoting
Haith v. Drake, 596 S.W.2d 194, 196 (Tex. App.—Houston [1st Dist.] 1980, writ ref’d n.r.e.));
see Jelinis, LLC v. Hiran, 557 S.W.3d 159, 167 (Tex. App.—Houston [14th Dist.] 2018, pet.
denied) (“[A] justice court is not deprived of jurisdiction merely by the existence of a title
dispute; it is deprived of jurisdiction only if resolution of a title dispute is a prerequisite to
determination of the right to immediate possession.”).
The condition precedent in Rice was already met here. The trial court did not have to
adjudicate title to decide possession because that issue was already determined in the trespass to
try title and to quiet title action in the District Court, where the Mosses received a final take
nothing judgment. See Hejl v. Wirth, 343 S.W.2d 226, 226 (Tex. 1961) (“If the plaintiff under
the circumstances fails to establish his title, the effect of a judgment of take nothing against him
is to vest title in the defendant.”).
The Mosses also argue that title to the property was still genuinely challenged because
they have a “pending Petition for Bill of Review directed” at the issues in this case, which
include “the probate court’s summary judgment rejecting [William’s] will contest, and the 2024
6
quiet-title judgment in Cause [Number] CV045494.” The Mosses acknowledge in their brief that
the previous trespass to try title and quiet-title judgment usually determines the issue. However,
the Mosses argue that the previous final judgment does not foreclose the issue here because their
petition for bill of review filed before trial constitutes a live dispute.
Here, the record before us shows that a “Petition for Bill of Review” was filed, yet there
is no substance to the petition. The trial court denied that petition after the jury trial. Even so,
“[b]ecause it is a direct attack, a bill of review must be brought in the court that rendered the
original judgment, and only that court has jurisdiction over the bill.” Frost Nat’l Bank v.
Fernandez, 315 S.W.3d 494, 504 (Tex. 2010). The Mosses did not file a bill of review in the
appropriate court, and thus, there can be no live controversy in title to the property at issue under
either the probate court’s summary judgment or the previous trespass to try title and quiet title
action in the District Court.
We, therefore, overrule the Mosses’ first issue.1
III. The Mosses Did Not Preserve Their Capacity Complaint
In their second issue, the Mosses argue that the “Garner Heir Group” is not a legal entity
that can sue, hold a judgment, or authorize an agent. As a result, as the Mosses argue, no
plaintiff had standing and the judgment is void.
The substance of this challenge is to capacity—and not to standing. Standing and
capacity are separate legal concepts, which both affect jurisdiction differently. “A plaintiff must
1
The Mosses also argue that “nowhere in the Clerk’s Record does [Lawrence] offer a deed, a lease, or any certified
conveyance instrument as evidence that it is, in fact, the owner of the Property.” We need not address this argument
because it is inadequately briefed since the Mosses did not cite any authority to substantiate such a requirement. See
TEX. R. APP. P. 38.1(i).
7
have both standing and capacity to bring a lawsuit.” Austin Nursing Ctr., Inc. v. Lovato, 171
S.W.3d 845, 848 (Tex. 2005). “A plaintiff has standing when it is personally aggrieved,
regardless of whether it is acting with legal authority; a party has capacity when it has the legal
authority to act, regardless of whether it has a justiciable interest in the controversy.” Id. at 848–
49 (quoting Nootsie, Ltd. v. Williamson Cnty. Appraisal Dist., 925 S.W.2d 659, 661 (Tex.
1996)).
“Unlike standing, . . . which may be raised at any time, a challenge to a party’s capacity
must be raised by a verified pleading in the trial court.” Id. at 849 (citing TEX. R. CIV. P. 93(1)–
(2)). “Because capacity does not implicate a court’s subject-matter jurisdiction, it may be
waived.” Pike v. Tex. EMC Mgmt., LLC, 610 S.W.3d 763, 801 (Tex. 2020) (Bland, J.,
dissenting). Here, the Mosses point to no verified plea, objection, or motion in which they
challenged Lawrence’s authority to sue on behalf of the Garner heirs, and we have found none.
Therefore, the complaint is waived.
As a result, we overrule the Mosses’ second issue.2
IV. Conclusion
We affirm the trial court’s judgment.
Scott E. Stevens
Chief Justice
Date Submitted: October 16, 2026
Date Decided: October 22, 2026
2
The Mosses also argue that the judgment names “Lawrence alone.” Both the judgment and amended judgment
state, “Plaintiff, MARK LAWRENCE, Agent for THE GARNER HEIR GROUP.”
8