Tony R. Jimenez and Cynthia L. Jimenez, Appellants v. David McGeary, Appellee

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Court of Appeals of Texas, Fort Worth.

Tony R. Jimenez and Cynthia L. Jimenez, Appellants v. David McGeary, Appellee

NO. 02-17-00085-CV

Decided: January 25, 2018

OPINION

In four issues, Tony and Cynthia Jimenez appeal from the trial court's judgment awarding possession of real property to Appellee David McGeary. We affirm.

Background

In August 2010, Metlife Home Loans foreclosed on the Jimenezes' home and then sold the property to Federal National Mortgage Association. Jimenez v. Fed. Nat'l Mortg. Ass'n, No. 02-15-00229-CV, 2016 WL 3661884, at *1 (Tex. App.—Fort Worth July 7, 2016, no pet.) (mem. op.). Four years later, FNMA filed a forcible-detainer action. See id. The county court awarded FNMA possession of the property, and the Jimenezes appealed. Id. We affirmed the trial court's judgment. See id. at *2–3.

While the appeal was pending, FNMA sold the property to McGeary and his son in June 2016.1 In August 2016, McGeary demanded that the Jimenezes vacate the property. When they refused, McGeary filed a forcible-detainer action in justice court. The justice court entered an order evicting the Jimenezes, and they appealed to county court. After a trial de novo, the county court entered a judgment for possession of the property in McGeary's favor.

Discussion

In their first issue, the Jimenezes contend that the trial court erred by not filing findings of fact and conclusions of law despite their timely request under rule 296. See Tex. R. Civ. P. 296 (requiring litigants to file a request for findings and conclusions within 20 days of the final judgment). But because the Jimenezes did not file the necessary follow-up notice of past-due findings, they waived their right to complain on appeal about the lack of findings and conclusions. See Tex. R. Civ. P. 29

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