Second Court of Appeals

Week of August 17, 2015 

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of August 17, 2015.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Norvelle v. PNC Mortg., No. 02-14-00322-CV (Aug. 20, 2015) (Sudderth, J., joined by Livingston, C.J., and Walker, J.).

Held:  Rule of civil procedure 510.3(a)'s requirement that a petition in an eviction case "must be sworn to by the plaintiff" did not defeat jurisdiction when appellee bank filed a forcible detainer petition sworn to and signed by its attorney because corporations and other business entities generally may appear in court only through licensed counsel, and the other rules in the same section clarify rule 510.3(a)'s meaning and application.  Further, appellant cited no authority to support the argument that defects in an eviction petition can make a resulting eviction judgment void, and this court has previously held that a defective verification does not defeat jurisdiction over a forcible detainer action.