Q: How to file a Motion for Modification of Judgment in a Trespass to Try Title case in TX?
I was a defendant in a Trespass to Try Title case in Texas and filed a counterclaim of Unjust Enrichment. During the bench trial, I lost the Trespass to Try Title portion, but the judge acknowledged that my contributions to the property were 85% of its value and that I paid property taxes for over 15 years. The judge stated that he needed the Fair Market Rental Value to determine what I am owed. After the judgment (which hasn't been signed yet, dated March 4, 2025), we discovered that the law states we are not responsible for use and occupation beyond 2 years after the court filing, based on the Texas Property Code. This significantly increases our award amount. There was no rental agreement or rent ever paid. What is the best way to tackle a Motion for Modification of Judgment, and is that the correct motion to file, considering no motions or appeals have been filed since the judgment?
A:
You can file a Motion to Modify Judgment under Rule 329b of the Texas Rules of Civil Procedure. Your deadline to do so in 30 days from the date the Judgment is signed.
Because the Judgment has not been signed yet, you can also prepare an alternative Judgment reflecting the correct amount you should be awarded and file a Motion for Entry of Judgment asking the court to enter your alternative correct Judgment, citing the law that you are not responsible for use and occupation beyond 2 years after the court filing and why that affects the amount of your award.
You or your attorney will need to confer with the other side's attorney and take the appropriate steps to set your motion for hearing before the trial judge.
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