Thresia Johnson v. Highland Hills Drive Apartments

This is an appeal by Thresia Johnson, plaintiff, from a summary judgment granted in favor of Highland Hills Drive Apartments, defendant, by the County Court at Law. Plaintiff sued for damages allegedly resulting from defendants wrongful termination of her lease and its breach of duty to provide facilities for mail delivery. Defendants motion for summary judgment was supported by a copy of the written lease between plaintiff and defendant and by a judgment rendered by a county court at law in its favor and against plaintiff in a forcible entry and detainer action. Plaintiff contends that the summary judgment was improper because the forcible entry and detainer judgment cannot constitute an estoppel by judgment of this suit for damages and because defendant failed to show, as a matter of law, that it had no duty to provide mail delivery facilities. Although we hold that the defendant had no implied duty to provide mail delivery facilities, we reverse and remand for trial with respect to the alleged wrongful eviction because we hold that this action is not barred by the adverse forcible entry and detainer judgment.