Rhonda Patrice Goodman-Delaney v. Marilynn Grantham

ACCEPTED
14-15-00144-CV
FOURTEENTH COURT OF APPEALS
PAUL FURRH, JR. YVONNE ALVAREZ HOUSTON, TEXAS
Attorney at Law REGGIE FOX 6/10/2015 3:48:12 PM
Chief Executive Officer TARIQ GLADNEY CHRISTOPHER PRINE
ELIZABETH LOCKETT CLERK
RICHARD TOMLINSON RYAN MARQUEZ
Director of Litigation THAI-ANH NGUYEN
PATRICIA TSAI
ROSLYN O. JACKSON Staff Attorneys
Directing Attorney
FILED INAddress:
Mailing
HELEN MALVEAUX Lone Star Legal Aid 14th COURT OF
1415 APPEALS
Fannin Street
Housing Managing Attorney HOUSING & CONSUMER UNITS HOUSTON, TEXAS
Houston, Texas 77002
1415 Fannin Street 6/10/2015 713-652-0077
3:48:12 PM Telephone
SAPNA AIYER
Houston, TX 77002
Consumer Managing Attorney CHRISTOPHER A. PRINE
713-652-3814 Fax
Clerk
713-652-0044 Fax
800-733-8394 Toll-free

June 10, 2015

Christopher A. Prine, Clerk
14th District Court of Appeals
301 Fannin Street, Suite 245
Houston, Texas 77002

Re: Rhonda Patrice Goodman-Delaney v. Marilynn Grantham;
Appeal Case No. 14-15-00144-CV

Dear Mr. Prine:

Pursuant to T.R.A.P. 38.7, Appellant seeks to supplement her brief to add the
following content. In handling a separate appeal recently decided by this Court, the
opposing party cited to Brown v. Johnson, 12 S.W.2d 543 (Tex. 1929). This case has
significance in this case, because it specifically finds that “[t]o sustain an action for rent,
the relation of landlord and tenant must exist.” Id. at 545. This confirms the argument
made by Appellant in her brief, and more importantly it provides binding precedent on
the issue of rent. In short, Brown conclusively establishes that evidence of a landlord-
tenant relationship must be offered at the trial of a forcible detainer action to support an
award of rent. Given the absence of any evidence of a landlord-tenant relationship in
the proceedings below in this case, see pages 10-11 of Appellant’s Brief, there is
consequently no evidence supporting the award of $7,700 in “back rent” in the judgment
rendered in the instant case.

Thank you for your consideration. This letter brief is being served on Appellee.

Very truly yours,

/s/ Richard Tomlinson
Richard Tomlinson
Attorney for Appellant

cc: Marilynn Grantham
Christopher A. Prine
June 10, 2015
Page 2

CERTIFICATE OF SERVICE

Pursuant to T.R.A.P. 9.5, I hereby certify that I served a copy of the foregoing

letter brief electronically, fax or by certified mail, receipt requested, on this the 10th day

of June, 2015, as follows:

Marilyn Grantham
5114 Tavenor Lane
Houston, Texas 77048
Fax: 713-731-7506
E-mail: Marilyn.Grantham@hoxieis.com
APPELLEE (appearing pro se)

/s/ Richard Tomlinson
Richard Tomlinson