No abandonment, no constructive eviction

January 19, 2020

“[T]the county court issued the writ of possession on July 10, and Brenham vacated the Property on or about July 14. Brenham did not testify at trial that she abandoned the Property as a direct consequence of the triggering acts; however, she testified she vacated after the writ of possession issued:

[Counsel]: And finally a writ of possession was issued, and you moved out of the premises?

[Brenham]: Yes.

. . .  Viewing the evidence under the appropriate standard, we conclude there is no evidence Brenham abandoned the Property as a direct consequence of the triggering acts. Instead, the record establishes the opposite: that Brenham vacated only after being lawfully evicted.” Kemp v. Brenham, No. 05-18-01377-CV (Jan. 14, 2020) (mem. op.)