Effel v. Rosberg

360 S.W.3d 626 (2012)

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Effel v. Rosberg

Texas Court of Appeals
360 S.W.3d 626 (2012)

SC
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Facts

Robert Rosberg (plaintiff) reached a settlement agreement with Henry and Jack Effel. As part of the agreement, Rosberg bought residential property from Henry and Jack. The agreement provided that the current resident of the property, Lena Effel (defendant), would continue to live on the property for the rest of her life, unless she voluntarily chose to vacate. Rosberg and Henry, with power of attorney for Lena, signed a lease incorporating these terms. The lease contained certain covenants governing Lena’s maintenance of the property. The lease did not reserve a life estate. Lena installed a wrought iron fence in violation of the covenants in the lease. Rosberg terminated the lease and ordered Lena to vacate the property. Lena did not vacate, and Rosberg filed a forcible detainer action. The trial court awarded possession of the property to Rosberg. Lena appealed.

Rule of Law

Issue

Holding and Reasoning (Morris, J.)

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