Flavia Munos v. Alejandro Macias
CourtTexas Court of Appeals, 10th District (Waco)
Date FiledSeptember 30, 2026
Docket10-25-00282-CV
StatusPublished
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Full Opinion
Court of Appeals
Tenth Appellate District of Texas
10-25-00282-CV
Flavia Munos,
Appellant
v.
Alejandro Macias,
Appellee
On appeal from the
13th District Court of Navarro County, Texas
Senior Judge H. D. Black Jr., presiding
Trial Court Cause No. D23-31526-CV
JUSTICE SMITH delivered the opinion of the Court.
MEMORANDUM OPINION
Flavia Munos appeals from a take nothing judgment rendered after a
jury trial in her trespass to try title suit against Alejandro Macias. In her sole
issue, Munos asserts the trial court erred in denying her motion for judgment
notwithstanding the verdict. We affirm.
BACKGROUND
For several years, Munos and Macias shared both a personal and
professional relationship. They bought and sold real estate for profit. In
December 2020, the property in dispute was purchased at a Navarro County
foreclosure sale and titled in Munos’s name. The parties dispute whether
Macias contributed a portion of the purchase price or whether Munos paid the
full purchase price.
In 2023, Macias filed a petition for divorce. Munos filed an answer and
a counterclaim for a “Declaratory Judgment of Title Ownership of Real
Property” asserting she is the owner in fee simple of the parcel of property at
issue and that Macias unlawfully dispossessed her of the property.
Because there was no marriage between the parties, Macias nonsuited
his divorce suit. He also asserted that Munos’s declaratory judgment action
was actually a trespass to try title claim, pleaded not guilty, and
counterclaimed for relief under his own trespass to try title claim. He asserted
that he owns a 45.73% interest in the property based on his contribution to the
purchase price of the property and requested title in his name or partition.
Additionally, he asserted that Munos breached her confidential relationship
and requested imposition of a constructive trust on the property. Seventeen
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months later, after obtaining new counsel, Macias nonsuited his trespass to try
title claim.
The trial court determined that Munos’s declaratory judgment claim was
a trespass to try title claim1 and the case was heard by a jury. The jury found
that there was a breach of a special trust or fiduciary relationship, or actual or
constructive fraud, by Munos in relation to the property at issue. However,
the jury found that Munos was not unjustly enriched by the breach of trust or
fraud. Further, the jury answered “no” in response to the question, “Do you
find by a preponderance of the evidence that Flavia C. Munos, has a superior
title to ‘the property in question’ over the rival claimant, Alejandro Macias?”
After considering the jury’s answers, the trial judge rendered judgment
ordering “that the parties take nothing against each other” and taxed costs
against the party incurring same. Munos filed her notice of appeal.
MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT
In her sole issue, Munos contends that the jury’s finding that her deed
does not show a title superior to Macias’s claim is not supported by the evidence
as a matter of law. She argues that no reasonable juror would conclude that
her “Sheriff Tax Deed is not superior title to [Macias’s] claim of title.”
1 See Brumley v. McDuff, 616 S.W.3d 826, 836 (Tex. 2021) (held that a party does not turn a trespass
to try title dispute into a Declaratory Judgment action through artful pleading, and a party does not
forfeit its trespass to try title action by inartfully naming it); see also TEX. R. CIV. P. 783; TEX. PROP.
CODE ANN. § 22.001.
Munos v. Macias Page 3
Therefore, she asserts, the trial court erred in denying her motion for judgment
notwithstanding the verdict.
Standard of Review
A trial court may disregard a jury’s verdict and render a judgment
notwithstanding the verdict (JNOV) if a jury’s finding has no support in the
evidence or if a directed verdict would have been proper. See TEX. R. CIV. P.
301. We review the trial court’s ruling on a motion for JNOV under a legal-
sufficiency standard. See City of Keller v. Wilson, 168 S.W.3d 802, 823 (Tex.
2005); Sterner v. Marathon Oil Co., 767 S.W.2d 686, 690 (Tex. 1989).
A party attacking the legal sufficiency of the evidence in support of a
finding upon which it had the burden of proof must demonstrate on appeal that
the evidence establishes, as a matter of law, all vital facts in support of its
proposed disposition. Dow Chem. Co. v. Francis, 46 S.W.3d 237, 241 (Tex.
2001) (per curiam). In reviewing such a matter-of-law challenge, we employ a
two-part test. We first examine the record for evidence that supports the
finding, while ignoring all evidence to the contrary. Id. If there is no evidence
to support the finding, we then examine the entire record to determine if the
contrary proposition is established as a matter of law. Id. A proposition is
established as a matter of law when a reasonable fact finder could draw only
one conclusion from the evidence presented. See City of Keller, 168 S.W.3d at
Munos v. Macias Page 4
814-16. The final test for legal sufficiency must always be “whether the
evidence at trial would enable reasonable and fair-minded people to reach the
verdict under review.” Id. at 827.
Applicable Law
In a trespass to try title suit, when the defendant pleads “not guilty,” the
defendant admits possession of the subject property and claims superior title.
TEX. R. CIV. P. 790; Permian Oil Co. v. Smith, 107 S.W.2d 564, 569-70 (Tex.
1937). The burden of proof is then on the plaintiff to establish that the plaintiff
has a title superior to the defendant’s title. See Rogers v. Ricane Enters., Inc.,
884 S.W.2d 763, 768 (Tex. 1994). In a trespass to try title action, a plaintiff
may prove legal title by establishing: (1) a regular chain of title of conveyances
from the sovereign to the plaintiff; (2) a superior title to that of the defendant
out of a common source; (3) title by limitations; or (4) possession that has not
been abandoned. Brumley, 616 S.W.3d at 832. Where the plaintiff relies on
record title, she has the burden of proving superior title from the sovereign or
from a common source with the defendants. See Gillum v. Temple, 546 S.W.2d
361, 364 (Tex. App.—Corpus Christi 1976, writ ref’d n.r.e.).
Discussion
Here, as evidence of her title, Munos presented a Sheriff’s Tax Deed
naming her as purchaser of the property at a Navarro County, Texas tax
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foreclosure sale. Macias never claimed to have record title, therefore, title from
a common source cannot be shown. If no common source has been agreed to or
shown, and the plaintiff relies on record title, she has the burden of tracing
title all the way back to the sovereign. See Coleman v. Littles, 214 S.W.2d 678,
(Tex. App.—Fort Worth 1948, no writ). To prove superior title from the
sovereign, Munos was required to prove a regular chain of conveyances
beginning with a patent from the state and ending with a deed conveying the
land to Munos. See Jeffus v. Coon, 484 S.W.2d 949, 952 (Tex. App.—Tyler
1972, no writ).
Munos provided only the 2020 Sheriff’s Tax Deed naming her as grantee
because she was the highest bidder in a tax sale to satisfy a judgment in favor
of Navarro County taxing units against the previous title holder.2 A sheriff’s
tax deed establishes a link in the chain of title beginning with the judgment
debtor. See Fink, 123 S.W.2d at 384-85. However, Munos made no attempt to
show a regular and continuous chain of conveyances back to the sovereign. See
Kilpatrick v. McKenzie, 230 S.W.3d 207, 211-14 (Tex. App.—Houston [14th
Dist.] 2006, no pet.). Because Munos failed to show either title emanating from
a common source or title from the sovereign she is not entitled to recover. See
2
We note that Munos did not produce as evidence the decree of foreclosure or the order of sale to
establish a valid divestiture of title out of the judgment defendant through a judicial foreclosure and
sheriff’s sale. See Fink v. Grevsgard, 123 S.W.2d 383, 385 (Tex. App.—Galveston 1938, writ ref’d).
Munos v. Macias Page 6
Coleman, 214 S.W.2d at 679. Munos’s sheriff’s deed and her failure to show
either a continuous chain of conveyances back to the sovereign or title from a
common source support the jury’s finding that she did not prove a superior title
in the property. See Francis, 46 S.W.3d at 241; Gillum, 546 S.W.2d at 364.
Therefore, the trial court did not err in denying Munos’s motion for judgment
notwithstanding the verdict. We overrule Munos’s sole issue.
CONCLUSION
Munos did not prove superior title to the property, thus failing to meet
her burden on her trespass to try title claim. See Brumley, 616 S.W.3d at 832.
Therefore, the trial court’s take-nothing judgment against Munos vests title in
Macias. 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.”). We affirm the trial
court’s judgment.
STEVE SMITH
Justice
OPINION DELIVERED and FILED: September 30, 2026
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Affirmed
CV06
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