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19

Endnotes:

*Judge, 130th Judicial District Court of Texas and Adjunct Professor of Law, South Texas College of Law. J.D., South Texas College of Law. B.S.

and M.Agr., Texas A&M University.

1 Porras v. Craig, 675 S.W.2d 503, 504 (Tex. 1984).

2 A “property owner” for Property Owner Rule purposes includes not only natural persons, but organizational owners such as corporations or

partnerships. Reid Rd. Mun. Util. Dist. No. 2 v. Speedy Stop Food Stores, Ltd., 337 S.W.3d 846, 849 (Tex. 2011) (holding that for entity owners,

“the Property Owner Rule is limited to those witnesses who are officers of the entity in managerial positions with duties related to the property,

or employees of the entity with substantially equivalent positions and duties.”)

3 Porras, 675 S.W.2d at 504.

4

T

ex

. R. E

vid

.

701.

5 Id.

6 Reid Rd. Mun. Util. Dist. No. 2, 337 S.W.3d at 852-53.

7 Expert testimony is governed by

T

ex

. R. E

vid

.

702. Rule 702 includes three requirements for admission: (1) the witness must be qualified,

(2) the proposed testimony must be grounded in scientific, technical or other specialized knowledge and (3) the testimony must assist the trier

of fact in understanding the evidence admitted at trial or to determining a fact in issue. See E. I. du Pont de Nemours & Co v. Robinson, 923

S.W.2d 549, 556 (Tex. 1995).

8 397 S.W.3d 150 (Tex. 2012).

9 Harvey Brown and Melissa Davis, “Eight Gates for Expert Witnesses: Fifteen Years Later,” 52

H

ou

. L. R

ev

.

1, 175-76 (2014).

10 675 S.W.2d 503 (Tex. 1984).

11 Intrinsic value is a personal or sentimental value not affected by market forces. See Star Houston, Inc. v. Kundac, 843 S.W.2d 298 (Tex.

App..—Houston [14th Dist.] 1992, no writ).

12 Id., at 505. Market value is typically defined as “the price the property will bring when offered for sale by one who desires to sell, but is

not obliged to sell, and is bought by one who desires to buy, but is under no necessity of buying.” City of Harlingen v. Estate of Sharboneau, 48

S.W.3d 177, 182 (Tex.2001).

13 Porras, 675 S.W.2d at 504.

14 Id., at 505.

15 E.g., Southwestern Bell Tel. Co. v. Wilson, 768 S.W.2d 755, 762 (Tex. App.—Corpus Christi 1988, writ denied) (stating the requirement that

the owner’s testimony refers to market value instead of intrinsic value is, “usually met by asking the witness if he is familiar with the market value

of the property.”)

16 Justiss, 397 S.W.3d at 156 (quoting Porras, 675 S.W.2d at 504).

17 Id.

18 136 S.W.3d 227 (Tex. 2004). The Justiss Court also cited a Fifth Circuit case for a similar proposition. Justiss, 397 S.W.3d at 158 (citing

King v. Ames, 179 F.3d 370, 376 (5th Cir., 1999).

19 Coastal Transp. Co., 136 S.W.3d at 232.

20 Merrell Dow Pharms., Inc. v. Havner, 953 S.W.2d 706, 712 (Tex. 1997).

21 Coastal Transp. Co., 136 S.W.3d at 232. “A party may complain that conclusory opinions are legally insufficient evidence to support a

judgment even if the party did not object to the admission of the testimony.” City of San Antonio v. Pollock, 284 S.W.3d 809, 816 (Tex. 2009).

22 Justiss, 397 S.W.3d at 159.

23 Id.

24 Id., at 161.

25 Id., at 162.

26 Id.

27 426 S.W.3d 333, 341 (Tex. App. — Houston [14th Dist.] 2014, no writ).

28 Id., at 341-42. The property owner’s valuation testimony by affidavit reads:

I am familiar with the market value of the property that I own. It is my opinion that the market value in June of 2010 was

$140,000.00. In addition, [the Harris County Appraisal District} now lists the appraised value of our home as $155,000,

which is much less than the $174,402 it listed in 2010 and the $180,000 we paid for the home.

Id. at 341 (alteration in original). See Arkoma Basin Exploration Co. v. FMF Associates 1990-A, Ltd., 249 S.W.3d 380, 389 (Tex. 2008)

(holding a witnesses testimony is conclusory when he “simply states a conclusion without any explanation.”).

29 No. 08–13–00091–CV, 2015 WL 595468 (Tex. App. — El Paso Feb. 11, 2015, n.w.h.).

30 Id., at *4.

t