LEXSEE 909 S.W.2d 105 at 108
ROBERT D. STRAUS, JR., Appellant v. KIRBY COURT CORPORATION,
COURT OF APPEALS OF TEXAS, FOURTEENTH DISTRICT, HOUSTON
909 S.W.2d 105;
1995 Tex. App. LEXIS 2134
August 31, 1995, Rendered
August 31, 1995, Filed
On Appeal from the 151st District Court. Harris
County, Texas. Trial Court Cause No. 89-50728. Garcia
J. Murphy Harmon, Kathleen Hopkins Alsina of
Houston, TX, for appellant.
Terry M. Womac, Gene F., Creely, II, Lydia S. Zinkhan
of Houston, TX, for appellee.
Panel consists of Chief Justice Murphy, and Justices
Anderson, and Hudson.
J. HARVEY HUDSON
Appellant, Robert D. Straus ("Straus") sued his landlord,
Kirby Court Corporation ("Kirby Court") for wrongful
eviction and intentional infliction of emotional distress.
Kirby Court brought a third-party action against U.S.
Movers, Inc. Straus appeals from a directed verdict in
favor of Kirby Court and U.S. Movers. We affirm the
judgment of the trial court.
In reviewing the propriety of a directed verdict, an
appellate court views the evidence in the light most
favorable to the party against whom the verdict has been
directed and disregards all evidence to the contrary.
Qantel Business Systems, Inc. v. Custom Controls Co.,
761 S.W.2d 302, 303 (Tex. 1988).
After reviewing the
evidence in this light, we must determine whether any
evidence of probative value exists that raises fact
questions on the material issues presented at trial.
Henderson v. Travelers Ins. Co., 544 S.W.2d 649, 650
Stinger v. Stewart & Stevenson Services,
Inc. 830 S.W.2d 715, 718
[14th Dist.] 1992, writ denied).
Viewed in the light most favorable to Straus, the record
demonstrates that in 1971, Straus rented an apartment
from Kirby Court. Beginning in 1972, Straus occupied
the apartment on a month-to-month basis. Straus was
frequently late in paying his rent, and he had a
longstanding dispute with Kirby Court regarding its
alleged failure to make various repairs. Late in 1988,
Kirby Court prepared a new lease. The new lease was
presented to Straus in November of 1988, but he refused
to sign it. On December 10, 1988, Kirby Court sent a
letter to Straus requesting he relinquish possession of the
premises. Straus did not relinquish possession of the
apartment, but he did execute the new lease in February
Straus continued to make late rent payments. Six months