Ceramic Tile Int'l, Inc. v. Balusek, 137 S.W.3d 722 (Tex. App. 2004). · Go Syfert
Ceramic Tile Int'l, Inc. v. Balusek, 137 S.W.3d 722 (Tex. App. 2004). Cases Citing This Book View Copy Cite
80 citation events (80 in the last 25 years) across 4 distinct courts.
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) The City of Lytle, Texas, Ruben Gonzalez, Miguel Aguirre, Ruben Gonzalez, Michael Rodriguez, and Matthew Martinez v. Lytle MHC Real Estate, LLC
txctapp4 · 2026 · confidence medium
See Electro Sales & Servs., Inc. v. City of Terrell Hills, No. 04-17-00077-CV, 2018 WL 1309709 , at *3 (Tex. App.—San Antonio Mar. 14, 2018, pet. denied) (“The right to sue for an injury to real property is a personal right belonging to the person owning the property at the time of the injury.”) (cleaned up); Ceramic Tile Intern., Inc. v. Balusek, 137 S.W.3d 722, 724 (Tex. App.—San Antonio 2004, no pet.) (“A subsequent purchaser cannot recover for an injury committed before his purchase absent an express provision in the deed, or . . . an assignment, granting him that power.”). 15 …
discussed Cited as authority (rule) City of San Antonio and Toyota Motor Manufacturing Texas, Inc. v. Southside Affordable Development, LLC
Tex. App. · 2025 · confidence medium
“Generally, a cause of action for injury to real property accrues when the injury is committed.” Ceramic Tile Intern., Inc. v. Balusek, 137 S.W.3d 722, 724 (Tex. App.—San Antonio 2004, no pet.) (citing Bayouth v. Lion Oil Co., 671 S.W.2d 867, 868 (Tex. 1984)).
discussed Cited as authority (rule) Rickye Henderson v. Kenneth Carter D/B/A Jack of All Trades
Tex. App. · 2025 · confidence medium
See La Tierra de Simmons Familia, Ltd. v. Main Event Entm’t, L.P., No. 03-10-00503-CV, 2012 Tex. App. LEXIS 1928 , at *13–16 (Tex. App.—Austin Mar. 9, 2012, pet. denied) (mem. op.) (explaining that standing may be raised in motion for summary judgment and agreeing with trial court that defendants conclusively established that plaintiff lacked standing); see also Heckman v. Williamson County, 369 S.W.3d 137, 154 (Tex. 2012) (stating that “standing doctrine requires a concrete injury to the plaintiff and a real controversy between the parties that will be resolved by the court” (citing…
discussed Cited as authority (rule) Kimberly Conlee v. ASI Lloyds
Tex. App. · 2024 · signal: cf. · confidence medium
See In re Est. of Guerrero, 465 S.W.3d 693, 704 (Tex. App.—Houston [14th Dist.] 2015, pet. denied) (en banc); cf. Ceramic Tile Int’l, Inc. v. Balusek, 137 S.W.3d 722, 725 (Tex. App.—San Antonio 2004, no pet.) (“Simply attaching a document to a pleading neither makes the document admissible as evidence, dispenses with proper foundational evidentiary requirements, or relieves a litigant of complying with other admissibility requirements.”).
discussed Cited as authority (rule) Mountain View Health & Rehabilitation Center, Inc., Creative Solutions in Healthcare, Inc., and Lidia Moya v. Mary Horton Keele
Tex. App. · 2024 · confidence medium
In support, Keele cites our opinion in United Rentals, Inc. v. Smith, which held, “[s]imply attaching a document to a pleading neither makes the document admissible . . . dispenses with proper foundational evidentiary requirements, [n]or relieves a litigant of complying with other admissibility requirements.” 445 S.W.3d 808, 814 (Tex. App.—El Paso 2014, no pet.) (citing Ceramic Tile Int’l, Inc. v. Balusek, 137 S.W.3d 722, 725 (Tex. App.—San Antonio 2004, no pet.); see also Ridge Nat.
discussed Cited as authority (rule) Mark Seiler v. Stacey Seiler
Tex. App. · 2021 · confidence medium
DISCUSSION In several issues, Mark contends that the evidence was legally and factually insufficient to support many of the trial court’s findings of fact and conclusions of law.2 2 Mark challenges the court’s findings that: he has committed domestic violence against Stacey and engaged in several specific assaultive behaviors against her on two occasions; a California court has issued a three-year criminal protective order against him; the witnesses and evidence required to resolve the “pending litigation” are predominately in California and not susceptible to compulsory attendance as …
cited Cited as authority (rule) in the Estate of Patricia M. Ripley
Tex. App. · 2019 · confidence medium
Ceramic Tile Int’l, Inc. v. Balusek, 137 S.W.3d 722, 725 (Tex. App.—San Antonio 2004, no pet.) (noting “instruments attached to pleadings are not evidence unless they are introduced as such at trial.
discussed Cited as authority (rule) Jaydeep Shah, M.D. v. Star Anesthesia, P.A. (2×) also: Cited "see"
Tex. App. · 2019 · confidence medium
“Nor are documents attached to pleadings evidence.” Ceramic Tile Int’l, Inc. v. Balusek, 137 S.W.3d 722, 725 (Tex. App.—San Antonio 2004, no pet.).
discussed Cited as authority (rule) Elness Swenson Graham Architects, Inc. v. RLJ II-C Austin Air, LP
Tex. App. · 2017 · confidence medium
See Exxon Corp. v. Emerald Oil & Gas Co., L.C., 331 S.W.3d 419, 424 (Tex. 2010); Richey v. Stop N Go Mkts. of Tex., 654 S.W.2d 430, 432 (Tex. 1983); Vann v. Bowie Sewerage Co., 127 Tex. 97 , 90 S.W.2d 561, 562-63 (1936); La Teirra de Simmons Familia, Ltd. v. Main Event Entm’t, L.P., No. 03-10-00503-CV, 2012 WL 753184 , at *16 (Tex. App.-Austin Mar. 9, 2012, pet. denied) (mem. op.); Boerschig v. Southwestern Holdings, Inc., 322 S.W.3d 752, 767 (Tex. App.-El Paso 2010, no pet.); Brooks v. Chevron USA Inc., No. 13-05-00029-CV, 2006 WL 1431227 , at *7 (Tex. App.-Corpus Christi May 25, 2006, pet.…
discussed Cited as authority (rule) Gunville v. Gonzales
Tex. App. · 2016 · confidence medium
“Simply attaching a document to a pleading neither makes the document admissible as evidence, dispenses with proper foundational evidentiary require- merits, or relieves a litigant of complying with other admissibility requirements.” United Rentals, Inc. v. Smith, 445 S.W.3d 808, 814 (Tex.App.-El Paso 2014, no pet.), quoting Ceramic Tile Int’l, Inc. v. Balusek, 137 S.W.3d 722, 725 (Tex.App.-San Antonio 2004, no pet.).
discussed Cited as authority (rule) Carrizo Oil & Gas, Inc. v. Barrow-Shaver Resources Company
Tex. App. · 2015 · confidence medium
In order to have standing to sue on an assigned cause of action, “the party claiming the assigned right must prove a cause of action existed that was capable of assignment and the cause was in fact assigned to the party seeking recovery.” Ceramic Tile Int’l, Inc. v. Balusek, 137 S.W.3d 722, 724 (Tex. App.—San Antonio 2004, no pet.). a.
cited Cited as authority (rule) Happy Jack Ranch, Inc. and Frederick J. Behrend v. HH&L Development, Inc. Matthew Stolhandske, Trustee Michael Strnad
Tex. App. · 2015 · confidence medium
Co., 916 S.W.2d 74 , 76–77 (Tex. App.—Houston [1st Dist.] 1996, no writ))); Ceramic Tile Int’l, Inc. v. Balusek, 137 S.W.3d 722, 724 (Tex. App.—San Antonio 2004, no pet.) (same).
cited Cited as authority (rule) in the Interest of E.W., a Child
Tex. App. · 2015 · confidence medium
Further, “instruments attached to pleadings are not evidence unless they are introduced as such.” Ceramic Tile Int’l, Inc. v. Balusek, 137 S.W.3d 722, 725 (Tex.App.—San Antonio 2004, no pet.); Am.
cited Cited as authority (rule) Elness Swenson Graham Architects, Inc.// RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC v. RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC// Elness Swenson Graham Architects, Inc.
Tex. App. · 2015 · signal: cf. · confidence medium
Cf. Ceramic Tile Int’l Inc. v. Balusek, 137 S.W.3d 722, 724 (Tex. App.—San Antonio 2004, no pet.)(plaintiff’s claim for damage to real property failed due because separate assignment not introduced).
cited Cited as authority (rule) Elness Swenson Graham Architects, Inc.// RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC v. RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC// Elness Swenson Graham Architects, Inc.
Tex. App. · 2015 · signal: cf. · confidence medium
Cf. Ceramic Tile Int’l Inc. v. Balusek, 137 S.W.3d 722, 724 (Tex. App.—San Antonio 2004, no pet.)(plaintiff’s claim for damage to real property failed due because separate assignment not introduced).
cited Cited as authority (rule) Elness Swenson Graham Architects, Inc.// RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC v. RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC// Elness Swenson Graham Architects, Inc.
Tex. App. · 2015 · signal: cf. · confidence medium
Cf. Ceramic Tile Int’l Inc. v. Balusek, 137 S.W.3d 722, 724 (Tex. App.—San Antonio 2004, no pet.)(plaintiff’s claim for damage to real property failed due because separate assignment not introduced).
discussed Cited as authority (rule) in the Estate of Rosa Elvia Guerrero (2×)
Tex. App. · 2015 · confidence medium
“Simply attaching a document to a pleading does not make the document admissible as evidence, dispense with proper foundational evidentiary requirements, or relieve a litigant of complying with other admissibility requirements.” Gruber v. CACV of Colorado, LLC, No. 05-07-00379- CV, 2008 WL 867459 , at *2 (Tex. App.—Dallas Apr. 2, 2008, no pet.) (mem. op) (setting aside arbitration award where unauthenticated copy of award amounted to no evidence, citing Ceramic Tile Intern., Inc. v. Balusek, 137 S.W.3d 722, 725 (Tex. App.—San Antonio 2004, no pet.)).
discussed Cited as authority (rule) Elness Swenson Graham Architects, Inc.// RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC v. RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC// Elness Swenson Graham Architects, Inc.
Tex. App. · 2015 · confidence medium
Co., 599 S.W.2d 684, 686 (Tex. App.—Austin 1980, writ ref’d n.r.e.) (“a mere subsequent purchaser cannot recover for an injury committed before his purchase”); • Ceramic Tile Int'l, Inc. v. Balusek, 137 S.W.3d 722, 724 (Tex. App.—San Antonio 2004, no pet.) (“A subsequent purchaser cannot recover for an injury committed before his purchase absent an express provision in the deed, or as here an assignment, granting him that power”); • Brooks v. Chevron USA Inc., No. 13-05-029, 2006 Tex. App. LEXIS 4479 (Tex. App.—Corpus Christi May 25, 2006, pet. denied) (mem. op.) (“A purc…
discussed Cited as authority (rule) Lauren Kaye Hammond v. State
Tex. · 2015 · confidence medium
APPELLANT Lauren Kaye Hammond Johnson County Law Enforcement Center PID# 137893 1800 Ridgemar Cleburne, TX 76033 v INDEX OF AUTHORITIES Cases Page Allridge v. State, 850 S.W. 2d 471 (Tex.Crim.App. 1991) ..........................................................................................23 Amores v. State, 816 S.W. 2d 407 (Tex.Crim.App. 1991) ..........................................................................................18 Brown v. State, 757 S.W. 2d 739 (Tex.Crim.App. 1988) ..........................................................................................25 Carrasco v.…
discussed Cited as authority (rule) Noah S. Bunker, Paul Carrell, Everett Brew Houston, Jr., W. Andrew Buchholz, Scott J. Leighty, Jad L. Davis, and Holly Clause v. Tracy D. Strandhagen
Tex. App. · 2015 · confidence medium
Ceramic Tile Int'l Inc. v. Balusek, 137 S.W.3d 722, 724 (Tex.App.- San Antonio 2004, no pet.); Delaney v. Davis, 81 S.W.3d 445 , 448–49 (Tex.App.-Houston [14th Dist.] 2002, no pet.); Texas Farmers Ins.
discussed Cited as authority (rule) United Rentals, Inc. and United Rentals Northwest, Inc. v. Thomas T. Smith
Tex. App. · 2014 · confidence medium
“Simply attaching a document to a pleading neither makes the document admissible as evidence, dispenses with proper foundational evidentiary requirements, or relieves a litigant of complying with other admissibility requirements.” Ceramic Tile Int’l, Inc. v. Balusek, 137 S.W.3d 722, 725 (Tex.App.-San Antonio 2004, no pet.).
discussed Cited as authority (rule) in the Estate of Rosa Elvia Guerrero
Tex. App. · 2014 · confidence medium
“Simply attaching a document to a pleading does not make the document admissible as evidence, dispense with proper foundational evidentiary requirements, or relieve a litigant of complying with other admissibility requirements.” Gruber v. CACV of Colorado, LLC, No. 05-07-00379-CV, 2008 WL 867459 , at *2 (Tex. App.—Dallas Apr. 2, 2008, no pet.) (mem. op) (setting 12 aside arbitration award where unauthenticated copy of award amounted to no evidence, citing Ceramic Tile Intern., Inc. v. Balusek, 137 S.W.3d 722, 725 (Tex. App.—San Antonio 2004, no pet.)).
cited Cited as authority (rule) in the Interest of R. N. P. and E. A. P.
Tex. App. · 2014 · confidence medium
Ceramic Tile Int’l, Inc. v. Balusek, 137 S.W.3d 722, 724-25 (Tex. App.—San Antonio 2004, no pet.).
discussed Cited as authority (rule) Albert E. Magill and Jennifer T. Magill v. William Hugh Watson, Jr., as Trustee of the William Watson, Jr. Trust- Non-Exempt and Robin Watson Livesay and James J. Livesay, Co-Trustrees of the Robin Watson Livesay Trust-Non-Exempt
Tex. App. · 2013 · confidence medium
Ceramic Tile Int’l Inc. v. Balusek, 137 S.W.3d 722, 724 (Tex. App.—San Antonio 2004, no pet.); Delaney v. Davis, 81 S.W.3d 445, 448-49 (Tex. App.—Houston [14th Dist.] 2002, no pet.); Texas Farmers Ins.
cited Cited as authority (rule) Magill v. Watson
Tex. App. · 2013 · confidence medium
Ceramic Tile Int’l Inc. v. Balusek, 137 S.W.3d 722, 724 (Tex.App.-San Antonio 2004, no pet.); Delaney v. Davis, 81 S.W.3d 445, 448-49 (Tex.App.-Houston [14th Dist.] 2002, no pet.); Texas Farmers Ins.
cited Cited as authority (rule) Vee Bar, Ltd, Freddie Jean Wheeler F/K/A Freddie Jean Moore, C.O. \Pete\" Wheeler
unknown court · 2011 · confidence medium
Ceramic Tile International, Inc. v. Balusek, 137 S.W.3d 722, 724 (Tex.App.--San Antonio 2004, no pet.).
cited Cited as authority (rule) Vee Bar, Ltd. v. BP Amoco Corp.
Tex. App. · 2011 · confidence medium
Ceramic Tile International, Inc. v. Balusek, 137 S.W.3d 722, 724 (Tex.App.-San Antonio 2004, no pet.).
cited Cited as authority (rule) Vee Bar, Ltd, Freddie Jean Wheeler F/K/A Freddie Jean Moore, C.O. \Pete\" Wheeler
unknown court · 2011 · confidence medium
Ceramic Tile International, Inc. v. Balusek , 137 S.W.3d 722, 724 (Tex.App.--San Antonio 2004, no pet.).
discussed Cited as authority (rule) Texas Department of Public Safety v. Kelly Sowell
Tex. App. · 2011 · confidence medium
Ceramic Tile Int’l, Inc. v. Balusek, 137 S.W.3d 722, 724-25 (Tex. App.—San Antonio 2004, no pet.); Gowan v. Tex. Dep’t of Criminal Justice, 99 S.W.3d 319, 322 (Tex. App.—Texarkana 2003, no pet.); State v. Herron, 53 S.W.3d 843, 847 (Tex. App.— Fort Worth 2001, no pet.); see also City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 (Tex. 1979) (pleadings do not constitute summary judgment proof).
discussed Cited as authority (rule) Geis v. Colina Del Rio, LP
Tex. App. · 2011 · confidence medium
Ceramic Tile Int'l, Inc. v. Balusek, 137 S.W.3d 722, 724 (Tex.App.-San Antonio 2004, no pet.) (holding that when assignee did not offer into evidence the document showing the claims were assigned to him, assignee failed to establish his right to recover).
discussed Cited as authority (rule) George Geis D/B/A Rio Architects v. Colina Del Rio, LP
Tex. App. · 2011 · confidence medium
Ceramic Tile Int’l, Inc. v. Balusek, 137 S.W.3d 722, 724 (Tex. App.—San Antonio 2004, no pet.) (holding that when assignee did not offer into evidence the document showing the claims were assigned to him, assignee failed to establish his right to recover).
cited Cited as authority (rule) Dbms Investments, L.P. v. Exxonmobil Corporation F/K/A Humble Oil and Refining Company
Tex. App. · 2009 · confidence medium
Ceramic Tile Int’l, Inc. v. Balusek, 137 S.W.3d 722, 724 (Tex. App.–San Antonio 2004, no pet.) (citations omitted) (emphasis added).
cited Cited as authority (rule) Dbms Investments, L.P. v. Exxonmobil Corporation F/K/A Humble Oil and Refining Company
Tex. App. · 2009 · confidence medium
Ceramic Tile Int'l, Inc. v. Balusek , 137 S.W.3d 722, 724 (Tex. App.-San Antonio 2004, no pet.) (citations omitted) (emphasis added).
cited Cited as authority (rule) Soefje v. Jones
Tex. App. · 2008 · confidence medium
Ceramic Tile Int’l, Inc. v. Balusek, 137 S.W.3d 722, 724-25 (Tex.App.-San Antonio 2004, no pet.).
cited Cited as authority (rule) Marvin Jauer Soefje, Jr. v. Peggy Christine Soefje Jones, as Trustee of E. Susan Soefje
Tex. App. · 2008 · confidence medium
Ceramic Tile Int’l, Inc. v. Balusek, 137 S.W.3d 722, 724-25 (Tex. App.—San Antonio 2004, no pet.).
cited Cited as authority (rule) Marvin Jauer Soefje, Jr. v. Peggy Christine Soefje Jones, as Trustee of E. Susan Soefje
Tex. App. · 2008 · confidence medium
Ceramic Tile Int’l, Inc. v. Balusek, 137 S.W.3d 722, 724-25 (Tex. App.—San Antonio 2004, no pet.).
cited Cited as authority (rule) Brinston v. Koppers Industries, Inc.
W.D. Tex. · 2008 · confidence medium
Ceramic Tile Int’l, Inc. v. Balusek, 137 S.W.3d 722, 724 (Tex.App.-San Antonio 2004, no pet.) Under Texas law, a nuisance may be characterized as either temporary or permanent.
discussed Cited as authority (rule) Lurline L. Skipper v. Chase Manhattan Bank USA, N.A. (2×) also: Cited "see"
Tex. App. · 2006 · confidence medium
Ceramic Tile Intern., Inc. v. Balusek , 137 S.W.3d 722, 724 (Tex. App. - San Antonio 2004, no pet.); Delaney v. Davis , 81 S.W.3d 445, 448-49 (Tex. App. - Houston [14th Dist.] 2002, no pet.).
cited Cited as authority (rule) R & R White Family Limited Partnership v. Rodney D. Jones
Tex. App. · 2006 · confidence medium
Ceramic Tile Int'l, Inc. v. Balusek , 137 S.W.3d 722, 724 (Tex. App.—San Antonio 2004, no pet.); Exxon Corp. v. Pluff , 94 S.W.3d 22, 28 (Tex. App.—Tyler 2002, no pet.); Tex. Farmers Ins.
cited Cited as authority (rule) R & R White Family Ltd. Partnership v. Jones
Tex. App. · 2006 · confidence medium
Ceramic Tile Int’l, Inc. v. Balusek, 137 S.W.3d 722, 724 (Tex.App.-San Antonio 2004, no pet.); Exxon Corp. v. Pluff, 94 S.W.3d 22, 28 (Tex.App.-Tyler 2002, no pet.); Tex. Farmers Ins.
discussed Cited "see" Richard Lares v. Martha Muniz (2×)
Tex. App. · 2022 · signal: see · confidence high
See Ceramic Tile Int’l, Inc. v. Balusek, 137 S.W.3d 722 , 724–25 (Tex. App.—San Antonio 2004, no pet.).
cited Cited "see" Larry Delton Warren v. the State of Texas
Tex. App. · 2022 · signal: see · confidence high
See Ceramic Tile Intern., Inc. v. Balusek, 137 S.W.3d 722, 725 (Tex. App.—San Antonio 2004, no pet.) (pleadings are not evidence unless offered and admitted by trial court).
discussed Cited "see" Keith Hamaker v. Tierrah Newman
Tex. App. · 2022 · signal: see · confidence high
See Ceramic Title Internat’l, Inc. v. Balusek, 137 S.W.3d 722 , 724–25 (Tex. App.—San Antonio 2004, no pet.) (explaining that pleadings and documents attached to pleadings are not evidence unless offered and admitted as such by the trial court).
cited Cited "see" City of Abilene v. Carter
Tex. App. · 2017 · signal: see · confidence high
See Ceramic Tile Int'l, Inc. v. Balusek, 137 S.W.3d 722, 725 (Tex. App.—San Antonio 2004, no pet.).
discussed Cited "see" Robert Samaniego v. the Office of the Attorney General of Texas and Janie L. Hernandez
Tex. App. · 2015 · signal: see · confidence high
See Ceramic Tile Int’l, Inc. v. Balusek, 137 S.W.3d 722, 724-25 (Tex. App.—San Antonio 2004, no pet.). 4 the trial court denied Samaniego any opportunity to present evidence or appear at the contested hearing, we conclude that the trial court abused its discretion.
discussed Cited "see" Joseph Van Velzor v. Henry Bradley
Tex. App. · 2014 · signal: see · confidence high
See Ceramic Tile Int’l, Inc. v. Balusek, 137 S.W.3d 722, 724 (Tex. App.—San Antonio 2004, no pet.) (reasoning that pleadings are not evidence unless offered and admitted as evidence by the trial court); Barnard v. Barnard, 133 S.W.3d 782, 789 (Tex. App.—Fort Worth 2004, pet. denied) (reasoning that while a court may take judicial notice of its own files, it may not take judicial notice of the truth of the allegations in its files).
cited Cited "see" in the Matter of the Marriage of Obinna Duruji and Esther Oby Duruji
Tex. App. · 2007 · signal: see · confidence high
See Ceramic Tile Int = l, Inc. v. Balusek , 137 S.W.3d 722, 725 (Tex. App. C San Antonio 2004, no pet.); see also Nat = l Med.
discussed Cited "see" Cullins v. Foster
Tex. App. · 2005 · signal: see · confidence high
See Ceramic Tile Int’l, Inc. v. Balusek, 137 S.W.3d 722, 724 (Tex.App.-San Antonio 2004, no pet.) (stating right to sue for the injury to real property is a personal right belonging to the person owning the property at the time of the injury).
discussed Cited "see" Ross M. Cullins, Sr. and Dandy Ruth Cullins v. Johnathan B. Foster
Tex. App. · 2005 · signal: see · confidence high
See Ceramic Tile Int = l, Inc. v. Balusek , 137 S.W.3d 722, 724 (Tex. App. C San Antonio 2004, no pet.) (stating right to sue for the injury to real property is a personal right belonging to the person owning the property at the time of the injury).
discussed Cited "see, e.g." Sidney and Shatika Davis v. Homeowners of America Insurance Company
Tex. App. · 2023 · signal: see also · confidence low
Dist., 150 S.W.3d 901, 905 (Tex. App.—Dallas 2004, no pet.) (citing Wilson v. Williamson, 586 S.W.2d 148, 150 (Tex. App.—Houston [1st Dist.] 1979, no writ)); see also Ceramic Tile Int’l, Inc. v. Balusek, 137 S.W.3d 722 , 724–25 (Tex. App.—San Antonio 2004, no pet.) (citing cases).
Retrieving the full opinion text from the archive…
CERAMIC TILE INTERNATIONAL, INC., Appellant,
v.
George BALUSEK, Appellee
04-03-00073-CV.
Court of Appeals of Texas.
Apr 28, 2004.
137 S.W.3d 722
Mark J. Cannan, David Stephenson, West W. Winter, Clemens & Spencer, P.C., San Antonio, for appellant., Reba Bennett Kennedy, Law Office of Reba Bennett Kennedy, San Antonio, for appellee.
López, Angelini, Marion.
Cited by 62 opinions  |  Published

OPINION

Opinion by

SANDEE BRYAN MARION, Justice.

This is an appeal from a jury verdict awarding appellee/plaintiff, George Balu-sek (“Balusek”), damages in the amount of $110,999.57, plus interest and costs. In the underlying lawsuit, Balusek sued appellant, Ceramic Tile International, Inc. (“Ceramic Tile”) and North Atlantic Society Anonyme, Inc. for structural damage allegedly done to Balusek’s buildings by Ceramic Tile’s equipment and for foundation damage allegedly due to water runoff and seepage from property occupied by Ceramic Tile. In three issues, Ceramic Tile (1) challenges Balusek’s right to recover on his claims under an assignment from the prior owner of the property, (2) argues the claims were not timely asserted, and (3) complains of charge error. Because Balu-sek did not establish his right to recover as assignee, we reverse and render.

[*724] BACKGROUND

In 1972, Balusek formed Future Properties, Inc. In March 1989, Future Properties conveyed certain real property to Ba-lusek’s father, Albert Balusek. The claims for the property damage at issue in the underlying litigation accrued on or before September 1, 1999. On December 16, 1999, Future Properties sued Ceramic Tile and North Atlantic Society Anonyme, Inc. for damage to the property. [1] On August 18, 2000, Albert conveyed the property to Balusek. On September 22, 2000, Balusek was added as a plaintiff to Future Properties’ lawsuit.

On January 10, 2001, Albert assigned his claims for property damage to Balusek. On February 16, 2001, a second amended petition was filed, naming only Balusek as plaintiff. In September 2001, the statute of limitations on the claims for the property damage expired. On November 15, 2001, Ceramic Tile moved for summary judgment, asserting that all alleged damage to the property arose from activities that occurred before Balusek became owner of the property and alleging Balusek had failed to plead and prove that he was assigned any causes of action related to the property damage. On November 20, 2001, Balusek filed a sixth amended petition, suing on his own behalf and as as-signee of the causes of action. Attached to the petition is a copy of the assignment from Albert. On January 18, 2002, Balu-sek filed a response to Ceramic Tile’s motion for summary judgment, attaching a copy of the assignment. On February 5, 2002, the trial court denied Ceramic Tile’s motion for summary judgment, without stating its grounds. The suit later went to trial, following which the jury returned a verdict in Balusek’s favor.

ASSIGNMENT OF CLAIMS

In its first issue, Ceramic Tile asserts Balusek may not recover as assignee because he offered no proof of the assignment of the property damage claims at trial.

Generally, a cause of action for injury to real property accrues when the injury is committed. Bayouth v. Lion Oil Co., 671 S.W.2d 867, 868 (Tex.1984); Exxon Corp. v. Bluff, 94 S.W.3d 22, 27 (Tex.App.-Tyler 2002, pet. denied). The right to sue for the injury is a personal right belonging to the person owning the property at the time of the injury. Exxon Corp., 94 S.W.3d at 27. A subsequent purchaser cannot recover for an injury committed before his purchase absent an express provision in the deed, or as here an assignment, granting him that power. Id. To recover on an assigned cause of action, the party claiming the assigned right must prove a cause of action existed that was capable of assignment and the cause was in fact assigned to the party seeking recovery. Id.; Delaney v. Davis, 81 S.W.3d 445, 448-49 (Tex.App.-Houston [14th Dist.] 2002, no pet.); Pape Equip. Co. v. I.C.S., Inc., 737 S.W.2d 397, 399 (Tex.App.-Houston [14th Dist.] 1987, writ ref'd n.r.e.); Esco Elevators, Inc. v. Brown Rental Equip. Co., 670 S.W.2d 761, 764 (Tex.App.Fort Worth 1984, writ ref'd n.r.e.).

Balusek argues he attached the assignment to his sixth amended petition; therefore, the assignment was in the record and before the court. Pleadings, however, are not evidence, unless offered and admitted as evidence by the trial court. See City of Houston v. Clear Creek Basin Authority, 589 S.W.2d 671, 678 (Tex.1979) (summary judgment); see also Richards v. Comm’n for Lawyer Discipline, 35 S.W.3d 243, 251-52 (Tex.App.-Houston [14th Dist.][*725] 2000, no pet.) (no error in failing to take judicial notice of pleadings in another case because litigant did not offer documents or ask court to take judicial notice). Nor are documents attached to pleadings evidence. See Amenizan Fire & Indem. Co. v. Jones, 828 S.W.2d 767, 769 (Tex.App.-Texarkana 1992, writ denied) (document assigning Orr’s rights in the truck to Jones was attached to the pleadings, but was not introduced into evidence; therefore, no evidence in the record supporting trial court’s finding that Jones was the owner); Noble Exploration, Inc. v. Nixon Drilling Co., Inc., 794 S.W.2d 589, 592 (Tex.App.Austin 1990, no writ) (summary judgment affidavits and evidence were not admitted at trial, and on appeal from a trial on the merits, appellate court cannot consider summary judgment evidence that was not admitted in evidence at trial); City of Galveston v. Shu, 607 S.W.2d 942, 944 (Tex. Civ.App.-Houston [1st Dist.] 1980, no writ) (same). Thus, instruments attached to pleadings are not evidence unless they are introduced as such at trial. See American Fire & Indem., 828 S.W.2d at 769; Carr v. Central Music Co., 494 S.W.2d 280, 281 (Tex.Civ.App.-Austin 1973, no writ). Simply attaching a document to a pleading neither makes the document admissible as evidence, dispenses with proper foundational evidentiary requirements, or relieves a litigant of complying with other admissibility requirements. Accordingly, because Balusek did not offer the assignment into evidence at trial, he did not meet his burden of proving a cause of action existed that was capable of assignment and that the cause was in fact assigned to him. See Pape Equip., 737 S.W.2d at 401; Vahlsing v. Collier Cobb & Assoc, of Dallas, Inc., 560 S.W.2d 117, 118 (Tex.Civ.App.-Dallas 1977, no wilt); VanHuss v. Buchanan, 508 S.W.2d 412, 414 (Tex.Civ.App.-Fort Worth 1974, writ dism’d w.o.j.).

Balusek also argues that because judgment was rendered in his favor, the trial court must have considered the assignment when it was offered by Ceramic Tile. We disagree. During trial, after Ba-lusek finished his case-in-chief (and immediately prior to his resting), Ceramic Tile moved for a directed verdict on its limitations defense and offered into evidence a copy of the warranty deeds and the assignment for the limited purpose of establishing that Balusek did not timely assert the assigned claims. Balusek’s counsel responded, “Your honor, in fairness, you li-mined it out [at Balusek’s request], and he would have attempted to bring them in, so I’ll have no objection to that outside the presence of the jury.” The trial court admitted the documents “for the Court’s consideration only.” The court then denied Ceramic Tile’s motion for a directed verdict.

Nothing in the record indicates the trial court considered the assignment for any purpose other than the limited purpose of whether Balusek timely filed his claims against Ceramic The. Because a copy of the assignment was not offered or admitted into evidence during trial for the purpose of proving up the assignment, Balu-sek failed to establish that the property damage claims were actually assigned to him. Therefore, Balusek did not establish his right to recover the claims that belonged to Albert.

CONCLUSION

We sustain Ceramic Tile’s first issue, and we decline to address its remaining issues as they are not dispositive to this appeal. Tex.R.App. P. 47.1. We reverse the trial court’s judgment and render judgment that Balusek take nothing on his claims against Ceramic Tile.

1

. North Atlantic Society Anonyme, Inc. was later non-suited.