Full opinion text
OPINION ON REHEARING TIM TAFT, Justice. Appellee, Kim Loan Nguyen (“Nguyen”), has filed a motion for rehearing of the Court’s opinion dated November 9, 2006. Appellants, Hong Kong Development, Inc. (“HKDI”), Hai Du Duong (“Duong”), and Phuong Truong Tu (“Tu”) (collectively, “appellants”) have responded to that motion. After due consideration, the Court grants Nguyen’s motion for rehearing, withdraws its judgment and opinion of November 9, 2006, and issues this opinion and judgment in their stead. Appellants appeal from a judgment, rendered upon a jury verdict, in favor of Nguyen for $15,312.58 in actual damages against HKDI and Duong, jointly and severally; $200,000 in punitive damages against each of HKDI and Duong; and $79,900 in attorney’s fees against all three appellants, jointly and severally. We determine (1) over what appellate challenges we have jurisdiction; (2) whether the trial court erred in consolidating an appeal pending before it in a forcible-detainer suit with a suit in which Nguyen, invoking the court’s original jurisdiction, had asserted various tort and declaratory claims; (3) whether the error in consolidating the suits, if any, was rendered moot; (4) whether the evidence is legally sufficient to support liability, actual damages, and punitive damages against HKDI and Duong; (5) whether Tu had a duty to indemnify Nguyen for her attorney’s fees; and (6) whether the trial court erred in rendering judgment for attorney’s fees that Nguyen’s expert did not segregate among claims and defenses for which fees were recoverable and those for which they were not. We reverse the judgment in part, affirm it in part, and remand the cause for limited proceedings. Background Tu and Nguyen were sisters-in-law. Tu, Nguyen, and Nguyen’s sister entered into a partnership to run a bakery and sandwich shop called Alpha Bakery. In February of that same year, Tu and Nguyen leased space for their business in HKDI’s shopping mall. The lease that they executed with HKDI (“the lease agreement”) listed Tu and Nguyen as “Tenant” and contained the following provisions: 24. ASSIGNMENT AND SUBLETTING BY TENANT 24.1 Tenant shall not assign this Lease, or any interest therein, ... without first obtaining the written consent of Landlord .... Any assignment ... without the prior written consent of Landlord shall be void and shall, at the option of Landlord, terminate this Lease. This Lease shall not, nor shall any interest therein, be assignable, as to the interest of Tenant, by operation of law, without the prior written consent of Landlord. However, it is further understood and agreed that Tenant shall not sell, convey, or assign any interest in the corporation [sic] without prior written approval from Landlord, and if Landlord does not agree to the sale, conveyance or assignment of the corporation [sic], Landlord may, at Landlord’s option, terminate this Lease. 57. MISCELLANEOUS 57.2 Acceptance of Rental by Landlord from Tenant or any assignee, subtenant or other successor in interest of Tenant, or the payment or tender of any Rental to Landlord, with or without notice, shall never be construed as a waiver of any breach of any term, condition or covenant of this Lease. The failure of Landlord to declare any Event of Default upon the occurrence thereof, or any delay by Landlord in taking action with respect thereto shall not waive such default, but Landlord shall have the right to declare such default at any time and to take such action as may be authorized hereunder to the extent herein provided. Duong, HKDI’s president and owner, signed the lease agreement on behalf of HKDI. Tu’s and Nguyen’s relationship soured a few years later, about the time that Nguyen and her husband, Tu’s brother, began divorce proceedings. The partners’ dispute led to a lawsuit (“the partnership suit”), and the partnership eventually went into receivership. The jury in the partnership suit awarded Nguyen and her sister, also a partner, 70%. of the partnership; awarded Tu 30% of the partnership; and awarded actual damages to Nguyen and attorney’s fees to Nguyen and her sister. In a separate receivership sale of Alpha Bakery, Nguyen purchased the business. Final paperwork for the sale was drawn up, including a contract assigning Tu’s lease interest to Nguyen (“the lease assignment”), as well as a contract assigning Tu’s partnership interest to Nguyen (“the partnership assignment”). No one obtained HKDI’s consent to the lease assignment, despite the lease agreement’s requirement that HKDI’s written consent be obtained as a precondition to any assignment of the leasehold interest. Nonetheless, Nguyen and Tu signed the documents, including the lease assignment. In a nutshell, Nguyen’s position in the current suit was that she and Tu had signed the lease assignment without HKDI’s written consent under duress because the trial court in the partnership suit had ordered them to sign it under threat of contempt. She also alleged that Tu’s counsel in the partnership suit, who had represented HKDI in other matters, had implied in the partnership suit that he was representing both Tu and HKDI and that HKDI would not object to the assignment. Nguyen also took the position in the current lawsuit that Tu, HKDI, and Duong had conspired, for various reasons, to have the parties execute the lease assignment without first obtaining HKDI’s written consent so that Nguyen could be declared in default, HKDI could evict her, and Tu could open a competing restaurant in the same mall. HKDI, Duong, and Tu disputed the validity of Nguyen’s theories. In May 2003, HKDI notified Nguyen and Tu that they were in default under the lease because HKDI’s consent had not been obtained to the lease assignment and instructed them to vacate the premises. Later that month, Nguyen sued HKDI, Duong, and Tu in Harris County Civil Court at Law No. 3 (“the tort suit”). Nguyen (1) sought a declaration that the lease assignment from Tu to Nguyen was not a breach of the lease agreement; (2) asserted a cause of action for breach of fiduciary duty against Tu; (3) asserted a cause of action for conspiracy against all appellants, alleging that they had conspired in order for Tu to run Nguyen’s restaurant out of business so that Tu could operate an allegedly competing restaurant within Hong Kong Market; and (4) sought actual damages of “less than $100,000,” exemplary damages, attorney’s fees, and injunctive relief. Two months later, Nguyen filed a first supplemental petition in the tort suit, seeking a declaration — as an apparent alternative to a declaration that the lease assignment had not breached the lease agreement — that the lease assignment was void for having been executed under the “extreme duress” of the threat of contempt in the partnership suit. All appellants answered, and HKDI and Duong asserted a counter-claim against Nguyen for sanctions for the filing of a frivolous lawsuit. In July 2003, HKDI filed suit, against both Tu and Nguyen, for forcible detainer in a Harris County justice of the peace court, seeking possession of the leasehold property (“the forcible-detainer suit”). See Tex. Prop.Code Ann. § 24.002 (Vernon 2000). Although the record does not show how the justice court disposed of the forcible-detainer suit, HKDI asserts, without dispute, that it confessed judgment and then immediately appealed to County Civil Court at Law No. I. See Tex.R.App. P. 38.1(f) (“In a civil case, the court will accept as true the facts stated [in the appellant’s brief] unless another party contradicts them.”); Mullins v. Coussons, 745 S.W.2d 50, 50 (Tex.App.-Houston [14th Dist.] 1987, no writ) (holding that rendition of agreed judgment in justice court in forcible-detainer suit does not deprive county court of jurisdiction to hear case, when appealed, in trial de novo). Both Tu and Nguyen answered in the county civil court at law in the forcible-detainer suit. On October 2, 2003, Nguyen asserted counterclaims in the forcible-detainer suit against HKDI, cross-claims against Tu, and “cross-claims” — which were actually third-party claims — against Duong, who had theretofore not been a party in the forcible-detainer suit. Nguyen alleged (1) that Tu and Duong had tortiously interfered with her contractual relations; (2) that Tu had breached her fiduciary duty to Nguyen; (3) that all appellants had unfairly competed with her; and (4) that all appellants had conspired to evict her. On her counter-, cross-, and third-party claims in the forcible-detainer suit, Nguyen sought actual damages of “less than $100,000,” exemplary damages, and attorney’s fees. HKDI answered Nguyen’s counter-claims against it, but Duong did not. Although the clerk’s record does not show this, HKDI and Duong assert on appeal, without contradiction by Nguyen, that Nguyen never served Duong on her third-party claim. See Tex.R.App. P. 38.1(f). On October 10 and 15, 2003, respectively, Tu and HKDI moved in the forcible-detainer suit to strike or to sever Nguyen’s counter-claims, cross-claims, and third-party claims, arguing that the county civil court at law had no subject-matter jurisdiction to consider these matters in a forcible-detainer suit. On October 16, 2003, Nguyen moved in the forcible-detain-er suit to consolidate the tort suit and the forcible-detainer suit, which motion HKDI opposed in writing, while also reurging its earlier-filed motion to strike or to sever. In the meantime, on October 16, 2003 in the forcible-detainer suit, Nguyen filed her first amended counter-claim, cross-claim, and third-party claim, this time omitting Duong as a named party. This amendment occurred before the court in the forcible-detainer suit had ruled on Nguyen’s motion to consolidate. On October 23, 2003, the trial court in the forcible-detainer suit signed an order consolidating the two lawsuits and ordering the tort suit transferred to County Civil Court at Law No. 1, the court to which the forcible-detainer suit had been appealed (“the consolidated suit”). From that point forward, Nguyen supplemented her petition once on the day that trial began, and she was twice granted leave, over HKDI’s and Duong’s various objections, to conform the pleadings to the evidence. One of these post-trial amendments re-added Duong as a third-party defendant to Nguyen’s third-party claims that had been asserted in the forcible-detainer suit before consolidation. After consolidation, Tu also asserted a counterclaim and a cross-claim against Nguyen for indemnity based on a provision in the lease assignment. By virtue of her pleadings filed in the separate suits before consolidation, and by virtue of the pre-trial and post-trial amendments that the trial court allowed in the consolidated suit, Nguyen pleaded the following claims, requests for relief, and defenses in the consolidated suit: • a declaration that the lease assignment from Tu to Nguyen was not a breach of the lease agreement with HKDI; • a declaration — as an apparent alternative to a declaration that the lease assignment had not breached the lease agreement — that the lease assignment was void for having been executed under the “extreme duress” of the threat of contempt in the partnership suit; • breach of fiduciary duty by Tu; • conspiracy against all appellants, asserting that they had conspired to evict her; • tortious interference with contractual relations by Tu and Duong; • unfair competition against all appellants; • indemnity against Tu, under theories that Tu had breached a contract and that Tu owed indemnity for attorney’s fees under the documents signed in the partnership suit; and • waiver and estoppel, as defenses to HKDI’s position that it was entitled to possession because Nguyen had breached the lease agreement with HKDI by virtue of the lease assignment. Not all of the claims went to the jury, however. The pertinent jury questions and answers were as follows: # Question Answer 1 Whether any of the following excused the lease assignment, executed without HKDI’s pri- or written consent, from Tu to Nguyen: a. duress a. Yes b. waiver b. Yes c. estoppel c. Yes 2 Whether HKDI breached the No lease agreement 4 Whether Tu breached her fi- Yes duciary duty to Nguyen 5 What the damages that arose $0.00 from Tu’s breach of fiduciary duty were 6 Whether Duong wrongfully Yes interfered with Nguyen’s contractual relations 7 What the damages that arose Nguyen’s costs to from Duong’s tortious inter- defend her right ference were to the leased premises: $49,266.66 Nguyen’s past mental anguish: $15,000.00 8 Whether Duong was part of a Yes conspiracy that damaged Nguyen (not predicated on any question) 9 Whether HKDI was part of a Yes conspiracy that damaged Nguyen (not predicated on ■ any question) 10Whether Tu was part of a con- No spiracy that damaged Nguyen (not predicated on any question) 11Whether clear and convincing Yes evidence showed that Duong’s malice harmed Nguyen (predicated on question 8) 13 What Nguyen’s attorney’s for preparation fees were (predicated on ques- and trial: tion 11) $73,900.00 for post-trial motions: $6,000.00 for appeals to higher courts: $000 14 — — In the punitive-damages phase of trial, the jury awarded Nguyen $1 million against Duong and the same amount against HKDI. Nguyen moved for judgment on the verdict; HKDI and Duong filed objections to Nguyen’s motion for entry of judgment; and HKDI and Duong filed a competing motion for entry of judgment, requesting that Nguyen take nothing on her claims and that HKDI be awarded possession. Nguyen’s motion for entry of judgment was implicitly granted, and HKDI and Duong’s objections and motion for judgment were implicitly overruled, by entry of judgment that • declared that the lease assignment between Tu and Nguyen did not breach the lease agreement with HKDI; • declared that Tu had to indemnify Nguyen for Nguyen’s attorney’s fees; • awarded Nguyen possession of the leased premises; • awarded Nguyen $15,312.58 in actual damages and interest against HKDI and Duong, jointly and severally; • awarded Nguyen $79,900 in attorney’s fees against all appellants, jointly and severally; • reduced the exemplary damages and awarded $200,000 in exemplary damages against each of HKDI and Duong; and • rendered a take-nothing judgment on all appellants’ claims against Nguyen. See Tex.R.App. P. 33.1(a)(2)(A) (allowing error to be preserved by express or implied ruling on motion); First Natl Indent. Co. v. First Bank & Trust of Groves, Tex., 753 S.W.2d 405, 407 (Tex.App.-Beaumont 1988, no writ) (holding that appellant failed to preserve challenge to rendition of unpleaded interest rate when it failed to except to opposing party’s motion for entry of judgment requesting unpleaded interest rate or to move to limit judgment to pleaded rate); cf. Lenz v. Lenz, 79 S.W.3d 10, 13 (Tex.2002) (holding that appellant preserved complaint raised in pre-judgment JNOV because trial court implicitly ruled on JNOV motion by virtue of substance of its judgment that was later rendered); Second Injury Fund v. Tomon, 853 S.W.2d 654, 659 (Tex.App.-Houston [14th Dist.] 1993, writ denied) (noting that finding on matter omitted from jury charge would not be deemed in plaintiff’s favor when defendant objected at first opportunity, which was at hearing on plaintiff’s motion to enter judgment). After judgment, Tu moved for JNOV, as did HKDI and Duong. HKDI and Duong’s post-judgment JNOV motion was heard by the trial court, but no order disposing of it appears in the record. HKDI and Duong’s Appeal As preliminary matters on appeal, HKDI and Duong raise various challenges that they assert concern jurisdictional matters relating to allegations in the forcible-detainer suit that were carried forward after consolidation. Alternatively, they raise other challenges that they assert concern non-jurisdictional matters relating to allegations in the tort suit that were carried forward or added after consolidation. A. Our Appellate Jurisdiction to Consider HKDI and Duong’s Various Challenges Determining which of HKDI and Duong’s various appellate challenges we may consider is complicated by the facts that the two suits were consolidated; that in one suit, the county court exercised appellate jurisdiction; that in the other suit, the county court exercised original jurisdiction; that in both suits, the parties sought, among other things, a determination of the right to possession; that the suits were tried together after consolidation; and that one judgment was rendered in the consolidated cause and included, among other determinations, a determination of the right to possession. We first examine our appellate jurisdiction over judgments in suits in which the county court exercises appellate jurisdiction (specifically, forcible-detainer suits), our appellate jurisdiction over judgments in suits in which the county court exercises original jurisdiction, and the effect on our appellate jurisdiction of the consolidation here. 1. Our Jurisdiction in Appeals from a Forcible-Detainer Judgment in Comity Court On appeal from a forcible-detainer judgment, we have no jurisdiction to consider the issue of possession if, as is the case here, the disputed premises were used for commercial purposes. Tex. Peop. Code ANN. § 24.007 (Vernon 2000) (“A final judgment of a county court in an eviction suit may not be appealed on the issue of possession unless the premises in question are being used for residential purposes only.”); Carlson’s Hill Country Beverage, L.C. v. Westinghouse Rd. Joint Venture, 957 S.W.2d 951, 952-53 (Tex.App.-Austin 1997, no pet.). The prohibition against considering possession includes consideration of any finding “essential to the issue of,” “dependent on,” or “primarily concerned with the issue of’ possession. In sum, had the cases not been consolidated, we would have been able to review only limited issues in an appeal of the judgment rendered in the forcible-detainer suit. 2. Our Jurisdiction in Appeals from Other Judgments in County Court In contrast, our appellate jurisdiction is generally not so limited in an appeal of a county court judgment outside the forcible-detainer context. See Tex. Gov’t Code Ann. § 22.220(a) (Vernon 2004) (“Each court of appeals has appellate jurisdiction of all civil cases within its district of which the district courts or county courts have jurisdiction when the amount in controversy or the judgment rendered exceeds $100, exclusive of interest and costs.”). Therefore, had the cases not been consolidated, we would have had plenary appellate jurisdiction to review virtually any issue asserted to challenge a judgment rendered in the tort suit. 3. The Effect of Consolidation on Our Appellate Jurisdiction Our jurisdiction to consider HKDI and Duong’s various appellate challenges is affected by the consolidation of the forcible-detainer and tort suits. Two types of consolidation exist: true consolidation and consolidation for trial. See 3 Roy W. McDonald & Elaine A. Grafton Carlson, Texas Civil PRACTICE § 17:25, at 775 (2d ed.2000) [hereinafter “MoDonald & Carlson”]; see also 7 William V. Dorsaneo III, Texas Litigation Guide § 112.01[l][a] (1999) [hereinafter “Dorsaneo”]. True consolidation, as occurred here, involves merging separate suits into a single proceeding under one docket number. Mo-Donald & Carlson, supra, at 775. “ ‘When actions are properly consolidated they become merged and are thereafter treated as one suit....’” Perry v. Del Rio, 53 S.W.3d 818, 825 n. 6 (Tex.App.-Austin 2001) (quoting 1 Tex. Jur. 3d Actions § 77 (1993)), pet. dism’d, 66 S.W.3d 239 (Tex.2001); see Rust v. Tex. & Pac. Ry. Co., 107 Tex. 385, 387, 180 S.W. 95, 95 (1915) (“In the present case, the order of consolidation having been properly made, there remained no separable cause of action. It became but one suit....”). Therefore, when a court orders true consolidation of two or more cases, the actions are merged and thereafter proceed as a single action. See Rust, 107 Tex. at 387, 180 S.W. at 95; Perry, 53 S.W.3d at 825 n. 6; McDonald & Carlson, supra, at 775. Here, a single judgment was rendered after consolidation, and it is that judgment that HKDI and Duong appeal. We hold as follows. In this appeal from the single judgment in the consolidated suit, we have the limited appellate jurisdiction provided by Texas Property Code section 24.007 to consider challenges to matters raised solely by the forcible-de-tainer pleadings. See Tex. Prop.Code Ann. § 24.007. In contrast, we have plenary appellate jurisdiction to consider challenges to matters raised by the tort-suit pleadings, regardless of whether those matters were also raised by the forcible-detainer pleadings. For each of HKDI and Duong’s challenges discussed below, we state separately whether we have jurisdiction to consider them. B. The Counter-Claim and Third-Party Claim Asserted in the Forcible-Detainer Suit Against HKDI and Duong Before Consolidation In issue one, HKDI and Duong argue that the trial court lacked subject-matter jurisdiction to adjudicate Nguyen’s counter-claims against HKDI and her third-party claims against Duong that she had asserted in the forcible-detainer suit before consolidation. Specifically, they argue that the county civil court at law, sitting as an appellate court in the forcible-detainer suit, lacked subject-matter jurisdiction to consider the counter-claims and third-party claims because those claims (1) exceeded the justice court’s jurisdiction, (2) fell outside the scope of claims allowed in a forcible-detainer suit, and (3) were impermissibly raised for the first time on appeal to the county civil court at law. Additionally, HKDI and Duong argue that the trial court lacked subject-matter jurisdiction to award actual damages over the justice court’s $5,000 damages cap, and to award exemplary damages at all, in the forcible-detainer suit. For these reasons, HKDI and Duong argue that the trial court erred in not severing or striking the complained-of counter-claims and third-party claims from the forcible-detainer suit before consolidation. We have jurisdiction to consider these challenges because, although they concern matters in the pre-consolidation forcible-detainer suit, they relate to the county civil court at law’s subject-matter jurisdiction and thus do not concern the issue of possession. See Gibson v. Dynegy Midstream Servs., L.P., 138 S.W.3d 518, 521 (Tex.App.-Fort Worth 2004, no pet.); Rice v. Pinney, 51 S.W.3d 705, 708 (Tex.App.-Dallas 2001, no pet.) (“Section 24.007 does not preclude appellate review of a county court at law’s subject matter jurisdiction” because such challenges concern county court’s “authority to decide this case regardless of how it resolved the possession issue.”). 1. What May Be Determined in a Forcible-Detainer Suit “The procedure to determine the right to immediate possession of real property, if there was no unlawful entry, is the action of forcible detainer.” Rice, 51 S.W.3d at 709; see Tex. Prop.Code ANN. § 24.002 (defining forcible detainer). “To prevail in a forcible detainer action, a plaintiff is not required to prove title but is only required to show sufficient evidence of ownership to demonstrate a superior right to immediate possession.” Ward v. Malone, 115 S.W.3d 267, 270 (Tex.App.Corpus Christi 2003, pet. denied). For these reasons, “a judgment of possession in a forcible detainer action is a determination only of the right to immediate possession and does not determine the ultimate rights of the parties to any other issue in controversy relating to the realty in question.” Lopez v. Sulak, 76 S.W.3d 597, 605 (Tex.App.-Corpus Christi 2002, no pet.); see Martinez v. Beasley, 572 S.W.2d 83, 85 (Tex.Civ.App.-Corpus Christi 1978, no writ). Prior to consolidation, the forcible-detainer suit was purely one for forcible detainer, that is, to determine the right to immediate possession. Justice courts have original jurisdiction over forcible-detainer suits. See Tex. PROp.Code Ann. § 24.004 (Vernon 2000); see also Tex. Gov’t Code AnN. § 27.031(a)(2) (Vernon 2004). Any party dissatisfied with a justice-court judgment in such a suit may appeal to the county court, in which trial is de novo. See Tex.R. Civ. P. 749. On appeal in a forcible-detainer suit, the county court exercises appellate, not original, jurisdiction. The county court’s appellate jurisdiction is generally confined to the limits of the justice court (with the exception of the specific damages noted below), and the county court has no jurisdiction over a forcible-detainer appeal unless the justice court did. Ward, 115 S.W.3d at 269. “An action of forcible entry and detainer is a special proceeding and as such is governed by the special statutes and rules applicable thereto.” Haginas, 163 Tex. 274, 277, 354 S.W.2d 368, 371 (1962); accord Rice, 51 S.W.3d at 709. “Foreible-entry-and-detainer actions provide a speedy, summary, and inexpensive determination of the right to immediate possession of real property.” Volume Millwork, Inc., 218 S.W.3d at 726; Meridien Hotels, Inc. v. LHO Fin. P’ship I, L.P., 97 S.W.3d 731, 737 (Tex.App.-Dallas 2003, no pet.); see McGlothlin v. Kliebert, 672 S.W.2d 231, 232 (Tex.1984). The Texas Rules of Civil Procedure ensure the speedy, summary, and inexpensive nature of forcible-detainer suits. See Meridien Hotels, Inc., 97 S.W.3d at 737; see also Tex.R. Civ. P. 739, 740, 745, 746, 748, 749 (all requiring expedited or streamlined procedures in forcible-entry and forcible-detainer suits). Because of this purpose, the sole issue to be determined in a forcible-detainer or forcible-entry suit is the entitlement to actual and immediate possession. See Tex.R. Civ. P. 746; Haginas, 354 S.W.2d at 371. Nonetheless, the rules do vest the justice or county courts in such suits with jurisdiction over a few other limited matters. For example, a suit for rent may be joined with an action for forcible entry or detainer, as long as the claim for rent falls within the justice court’s jurisdiction. Tex.R. Civ. P. 738; Haginas, 354 S.W.2d at 371. Additionally, in trial de novo on appeal to the county court, “the appellant or appellee shall be permitted to plead, prove and recover his damages, if any, suffered for withholding or defending possession of the premises during the pendency of the appeal,” although only the party prevailing in the county court may recover these damages. Tex.R. Civ. P. 752. Such damages include, but are not limited to, loss of rents during the appeal’s pendency and reasonable attorney’s fees in the justice and county courts, and the prevailing party in the county court may also recover costs. Id. The damages that may be sought under rule 752 are only those “suffered as a direct result of withholding or defending possession.” Hanks v. Lake Tonme Apartments, 812 S.W.2d 625, 627 (Tex.App.-Dallas 1991, writ denied). Under rule 752, a party may recover the specified damages “regardless of the amount so long as [the prevailing party] can prove such damages.” Haginas, 354 S.W.2d at 372. In other words, in a trial de novo in a forcible-detainer proceeding on appeal in county court, a prevailing party may recover the damages allowed by rule 752 even if the amount of those damages exceeds the amount-in-controversy limit of the county court’s original jurisdiction. Id. The county and justice courts lack subject-matter jurisdiction in a forcible-detainer suit to adjudicate matters other than those listed in the immediately preceding paragraphs. See, e.g., Krull v. Somoza, 879 S.W.2d 320, 322 (Tex.App.Houston [14th Dist.] 1994, writ denied) (holding that damages claims related to maintaining or obtaining possession of disputed premises may be joined with forcible-detainer suit and litigated in county court, but that damages for other causes of action cannot be maintained in same suit); Hanks, 812 S.W.2d at 627 (holding that county court lacked subject-matter jurisdiction over tenant’s counter-claims for wrongful retention of rental security deposit that had been asserted on appeal in forcible-detainer suit); Rushing v. Smith, 630 S.W.2d 498, 499-500 (Tex.App.-Amarillo 1982, no writ) (holding that county court lacked subject-matter jurisdiction over cross-claims for damages to recover for certain farming work that had been done, which damages were unrelated to expenses in defending possession, on appeal in forcible-detainer suit). This result obtains because “[t]he jurisdiction of the County Court is of a dual nature[:] one original and the other appellate from the Justice Court.” Neal v. Beck Funeral Home, 131 S.W.2d 778, 779 (Tex.Civ.App.-Fort Worth 1939, writ dism’d) (holding same in appeal to county court from justice court in suit other than one for forcible detainer). When a county court acquires only appellate jurisdiction in a given suit, it may not, absent authorization by statute or rule, determine any matter acquired by virtue of its original jurisdiction in that same suit. See id. at 780. 2. Discussion Prior to consolidation, Nguyen alleged against HKDI and Duong in the forcible-detainer suit (by counter-claim or third-party claim asserted for the first time on appeal to the county court at law) that (1) Duong had tortiously interfered with her contractual relations; (2) all appellants had unfairly competed with her; and (3) all appellants had conspired to evict her. She also sought actual damages of “less than $100,000,” exemplary damages, and attorney’s fees. Under the law set out above, the county court at law, before consolidation, had no subject-matter jurisdiction over these claims because it was exercising its appellate jurisdiction over the forcible-detainer suit appealed from the justice court. None of the matters that Nguyen pleaded concerned the right to immediate possession. See Tex.R. Civ. P. 746 (providing that right to possession is sole issue determined in forcible-detainer or forcible-entry suit). Neither were they an attempt to collect rent. See Tex.R. Civ. P. 738 (allowing suit for rent to be adjudicated with forcible-detainer suit, provided that rent sought is within justice court’s jurisdiction). Additionally, as she had pleaded her tort claims, Nguyen did not expressly seek, or limit her damages to, damages “suffered for withholding or defending possession of the premises during the pen-dency of the appeal.” Tex.R. Civ. P. 752; see Krull, 879 S.W.2d at 322 (holding that, under rule 752, damages unrelated to maintaining or obtaining possession of disputed premises may not be joined with forcible-detainer suit in county court). Because she did not seek rule-752 damages-which pleading would have allowed her to seek more than the $5,000 amount-in-controversy limit applicable to many appeals from justice court — the fact that Nguyen sought up to $100,000 also took her tort claims outside of the county court’s appellate jurisdiction. Compare Tex. Gov’t Code Ann. § 27.031(a)(1) (setting amount-in-controversy civil jurisdiction of justice courts at $5,000 maximum, excluding interest) with id. § 25.0003(c)(1) (Vernon 2004) (setting amount-in-controversy civil jurisdiction of statutory county courts at $100,000 maximum, excluding interest, statutory or punitive damages or penalties, and attorney’s fees and costs). Finally, exemplary damages do not fall within those damages authorized in forcible-de-tainer suits. See Tex.R. Civ. P. 746, 752. Simply put, there is no way to construe Nguyen’s counter-claims and third-party claims that she asserted in the forcible-detainer suit against HKDI and Duong before consolidation so that the county court could have exercised jurisdiction over them. When a court lacks subject-matter jurisdiction over some claims, but not others, it should sever or dismiss those claims over which jurisdiction is lacking. See Thomas v. Long, 207 S.W.3d 334, 338 (Tex.2006) (“[I]t is proper for a trial court to dismiss claims over which it does not have subject matter jurisdiction but retain claims in the same case over which it has jurisdiction.”) (citing Am. Motorists Ins. Co. v. Fodge, 63 S.W.3d 801, 805 (Tex.2001)); Fandey v. Lee, 880 S.W.2d 164, 169 (Tex.App.-EI Paso 1994, writ denied) (indicating in dictum that counter-claims for fraud and to quiet title were properly severed from forcible-detainer suit). HKDI and Duong moved, before consolidation, to strike or to sever all of Nguyen’s claims in the forcible-detainer suit. Although severance rulings are reviewable for abuse of discretion, it is an inherent abuse of discretion to misapply the law — such as, for example, when a court exercises jurisdiction over a matter over which it has none. See Walker v. Packer, 827 S.W.2d 833, 840 (Tex.1992); see also Tex. Natural Res. Conservation Comm’n v. IT-Davy, 74 S.W.3d 849, 855 (Tex.2002) (providing that question of whether court has subject-matter jurisdiction is question of law). Additionally, to the extent that the court’s rulings (here, the motion to strike or to sever) allowed the exercise of jurisdiction over matters in the forcible-detainer appeal over which the court lacked jurisdiction, we review those rulings de novo. See Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 228 (Tex.2004) (“Appellate courts reviewing a challenge to a trial court’s subject matter jurisdiction review the trial court’s ruling de novo.”). 3. Mootness Nonetheless, the jurisdictional error committed before consolidation was rendered moot by the consolidation. “An eviction suit does not bar a suit for trespass, damages, waste, rent, or mesne profits.” Tex. PROp.Code Ann. § 24.008 (Vernon 2000). Additionally, “[a] judgment or a determination of fact or law in a proceeding in ... justice of the peace court is not res judicata and does not constitute a basis for estoppel by judgment in a proceeding in a ... statutory county court.” Tex. Civ. Prac. & Rem.Code Ann. § 31.005 (Vernon 1997). That is, a forcible-detainer action is cumulative of, not exclusive of, other remedies that a party may have. McGlothlin, 672 S.W.2d at 233; Dormady v. Dinero Land & Cattle Co., L.C., 61 S.W.3d 555, 558 (Tex.App.-San Antonio 2001, pet. dism’d w.o.j.); Rice, 51 S.W.3d at 709. “If all matters between the parties cannot be adjudicated in the justice court in which the forcible entry and de-tainer proceedings are pending due to the justice court’s limited subject matter jurisdiction, then either party may maintain an action in a court of competent jurisdiction for proper relief.” McGlothlin, 672 S.W.2d at 233; accord Rushing, 630 S.W.2d at 500. For these reasons, a forcible-de-tainer suit in justice court may run concurrently with another action in another court — even if the other action adjudicates matters that could result in a different determination of possession from that rendered in the forcible-detainer suit. See Villalon v. Bank One, 176 S.W.3d 66, 70-71 (Tex.App.-Houston [1st Dist.] 2004, pet. denied) (indicating that suit to determine wrongful foreclosure, which concerned title, could have been pursued in separate proceeding concurrently with forcible-de-tainer suit); see also Meridien Hotels, Inc., 97 S.W.3d at 738 (holding that trial court properly issued writ of mandamus to compel justice court to vacate order abating forcible-detainer suit until district court — which had issued interlocutory order declaring that tenants had defaulted under lease, that landlord had right to terminate lease, and that tenants no longer had right to possession — had rendered final judgment). Matters relating to possession may overlap in the two proceedings because “a judgment of possession in a forcible detainer action is a determination only of the right to immediate possession and does not determine the ultimate rights of the parties to any other issue in controversy relating to the realty in question.” Lopez, 76 S.W.3d at 605 (emphasis added); see, e.g., Martinez, 572 S.W.2d at 85. Before consolidation, Nguyen alleged causes of action against HKDI for conspiracy to evict her and sought up to $100,000 actual damages and exemplary damages in the tort suit. This is the same claim that Nguyen alleged, and the same damages that she sought, against HKDI and Duong in the forcible-detainer suit. Accordingly, even though the county civil court at law lacked appellate jurisdiction in the forcible-detainer suit before consolidation to consider Nguyen’s counter-claim against HKDI for conspiracy, her third-party claim against Duong for conspiracy, and her request for many of the damages that she sought against both HKDI and Duong, the trial court had subject-matter jurisdiction to consider those claims and types of damages in the tort suit. See Tex. Gov’t Code Ann. § 25.0003(c)(1) (setting amount-in-controversy civil jurisdiction of statutory county courts at $100,000 maximum, excluding interest, statutory or punitive damages or penalties, and attorney’s fees and costs); see also McGlothlin, 672 S.W.2d at 233 (indicating that party to forcible-detainer suit may concurrently pursue, in different proceeding, suit for damages); cf. Johnson v. Highland Hills Dr. Apartments, 552 S.W.2d 493, 495-96 (Tex.Civ.App.1977) (holding that holding that forcible-entry judgment was not res judicata in separate suit between same parties seeking damages for wrongful eviction and for breach of duty to provide mail facilities), writ ref'd n.r.e., 568 S.W.2d 661 (Tex.1978). Accordingly, although the county civil court at law did not have jurisdiction over this claim and certain of these damages to the extent that the court exercised its appellate jurisdiction in the consolidated suit, it had jurisdiction over these matters to the extent that it exercised its original jurisdiction, and the post-consolidation pleadings supported that exercise of original jurisdiction. The same result obtains with respect to Nguyen’s claim for tortious interference against Duong once the suits had been consolidated. Although the county civil court at law did not have jurisdiction over this claim to the extent that the court exercised its appellate jurisdiction, it had jurisdiction over the claim to the extent that it exercised its original jurisdiction, and the post-consolidation pleadings supported the exercise of that jurisdiction (putting aside for the moment whether the court should have allowed Nguyen to add this claim belatedly). See McGlothlin, 672 S.W.2d at 233; Johnson, 552 S.W.2d at 495-96. 4. Conclusion We hold that the trial court’s error in failing to sever Nguyen’s counter-claims and third-party claims against HKDI and Duong in the forcible-detainer suit before consolidation was rendered moot by the fact that the same court could consider these claims and damages after consolidation by exercise of its original jurisdiction that arose from the tort-suit-related pleadings. We overrule this challenge under issue one. C. Consolidation Also under issue one, HKDI and Duong assert that the trial court committed fundamental error by consolidating the forcible-detainer suit, in which the county court lacked appellate jurisdiction to consider the counter-claims and third-party claims against them, with the tort suit, in which the county court had original jurisdiction to consider them. HKDI and Duong argue that the trial court’s consolidating these suits allowed Nguyen to assert the very claims and to recover the very damages that would not have been maintainable or recoverable in the forcible-detainer suit had it not been consolidated with the tort suit. They argue that the county civil court at law had the power to exercise either appellate or original jurisdiction, but not both in the same suit. Put another way, they argue that the trial court could not do through the back door what it could not do through the front. 1. Whether Consolidation is Jurisdictional Consolidation is a procedural device that a court may utilize at its discretion upon motion, upon stipulation, or sua sponte. See MoDonald & Caelson, supra, at 777. Texas Rule of Civil Procedure 174(a) provides: When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. Tex.R. Civ. P. 174(a). Consolidation furthers judicial economy by combining actions that involve a common question of law or fact to mitigate the expense associated with litigation, to eliminate the proliferation of suits, and to expedite the judicial process. See MoDonald & Caelson, supra, at 776; see also Owens-Corning Fiberglas Corp. v. Martin, 942 S.W.2d 712, 716 (Tex.App.-Dallas 1997, no writ) (“In deciding whether to consolidate, the trial court must balance the judicial economy and convenience that may be gained by the consolidation against the risk of an unfair outcome because of prejudice or jury confusion.”). “The trial court may consolidate actions that relate to substantially the same transaction, occurrence, subject matter, or question.” Martin, 942 S.W.2d at 716. Rule 174(a) “does not require that all of the questions of law or fact be common to each of the cases to be consolidated. All that is required is that the two actions involve one or more common questions of significance. This is especially true if the parties are identical.” 7 William V. Dorsaneo, supra, at § 112.02[1]. However, if the parties and issues differ, then consolidation is improper. McDonald & Carlson, supra, 783-84. We review a consolidation order for abuse of discretion. Allison v. Ark La. Gas Co., 624 S.W.2d 566, 568 (Tex.1981). HKDI and Duong reason as follows. By virtue of the consolidation, the two lawsuits in this case merged and proceeded thereafter as a single action. See Perry, 53 S.W.3d at 825 n. 6; Rust, 107 Tex. at 387, 180 S.W. at 95; McDonald & Carlson, supra, at 775. Accordingly, Nguyen’s claims against HKDI and Duong-over some of which the court in the forcible-detainer suit did not have jurisdiction when they were asserted there as cross-claims and third-party claims-were subsequently allowed to be raised in the consolidated suit by virtue of the consolidation. Consolidation in these circumstances thus accomplished what the same court, when presiding over the forcible-detainer appeal, lacked subject-matter jurisdiction to do. Thus, they conclude that the trial court lacked subject-matter jurisdiction to consolidate the suits. We disagree. An order is void, among other things, if the trial court lacks subject-matter jurisdiction to render it. See Browning v. Placke, 698 S.W.2d 362, 363 (Tex.1985) (indicating that judgment is void when, among other things, it is apparent that court rendering judgment “had ... no jurisdiction of the subject matter”); In re Dickason, 987 S.W.2d 570, 571 (Tex. 1998) (holding that order rendered after trial court’s plenary jurisdiction had expired was void); cf. In re Comyn, 27 S.W.3d 327, 332 (Tex.App.-Houston [1st Dist.] 2000, orig. proceeding) (“Mandamus lies over an interlocutory or temporary order that the court had no jurisdiction to make.”). It is undisputed that each of the two county civil courts at law involved here sat in the same county; that each had subject-matter jurisdiction over forcible-detainer appeals generally; and that each also had subject-matter jurisdiction over the general categories of damage claims and declaratory relief that Nguyen sought (putting aside for a moment HKDI and Duong’s challenges to the aggregate amounts in controversy). See Tex. Gov’t Code Ann. §§ 25.0003(a), (c)(1), 25.1031(a), 25.1032(a) (Vernon 2004). When the transferee county court has subject-matter jurisdiction over the matters sought to be transferred to it in a consolidation (which the county civil court at law here did, in the abstract), consolidation is generally a procedural matter, rather than a jurisdictional one. Cf. Montgomery v. Willbanks, 202 S.W.2d 851, 853 (Tex.Civ.App.-Fort Worth 1947, writ ref'd n.r.e.) (“There is no lack of jurisdiction involved here, because the district court acquired jurisdiction of the issues presented in the two cases as they were filed, and did not lose jurisdiction simply because he ordered them tried together.”); McNeny v. R.R. Comm’n of Tex., 96 S.W.2d 96, 98 (Tex.Civ.App.-Austin 1936, no writ) (indicating that question of joinder is not jurisdictional, and analogizing to consolidation); cf. also Allison, 624 S.W.2d at 568 (indicating that joinder and consolidation rulings are reviewed for abuse of discretion). Moreover, “[i]t is the general rule that once jurisdiction is lawfully and properly acquired, no subsequent fact or event in the particular case serves to defeat the jurisdiction.” Haginas, 163 Tex. at 278, 354 S.W.2d at 371. Accordingly, we hold that the trial court had subject-matter jurisdiction to consolidate the forcible-detainer and tort suits, that its order consolidating them was thus not void, and that the trial court was not divested of jurisdiction over the consolidated suit simply because the pre-consolidation suits had involved appellate and original jurisdiction, respectively. See Williams v. Carter, 176 S.W.2d 580, 582 (Tex.Civ.App.-Galveston 1943, writ ref'd w.o.m.) (holding that trial court did not lose jurisdiction over two suits — in one of which it exercised appellate jurisdiction, and in the other of which it exercised original jurisdiction — simply by having consolidated them); see also Montgomery, 202 S.W.2d at 853 (in reviewing judgments in two cases consolidated for trial — when one suit involved trial court’s appellate jurisdiction, and other suit involved its original jurisdiction — stating, “There is no lack of jurisdiction involved here, because the district court acquired jurisdiction of the issues presented in the two cases as they were filed, and did not lose jurisdiction simply because he ordered them tried together.”). 2. Whether We May Consider the Propriety of Consolidation On rehearing, Nguyen argues that we lack jurisdiction to consider whether the consolidation was erroneous. Nguyen reasons as follows. This appeal is from a judgment rendered in a suit seeking, in part, forcible-detainer relief. In such an appeal, we may not consider matters not essential to, dependent on, or primarily concerned with the issue of possession. See Tex. PROp.Code Ann. § 24.007. Consolidation is essential to, dependent on, or primarily concerned with the issue of possession. Additionally, consolidation was not a jurisdictional matter. Accordingly, we lack jurisdiction to consider the propriety of consolidating the suits. We assume without deciding that consolidation is a matter essential to, dependent on, or primarily concerned with the issue of possession, so that, if this were an appeal from a judgment rendered in just a forcible-detainer suit, we would lack jurisdiction to consider it. This is not such an appeal, however. Rather, it is an appeal from a judgment rendered after the consolidation of a forcible-detainer suit, in which the county civil court at law exercised only appellate jurisdiction, and a suit for declarations and damages, in which that same court exercised original jurisdiction. We have plenary appellate jurisdiction to consider challenges to matters raised by pleadings invoking the county civil court at law’s original jurisdiction, regardless of whether those matters were also raised in the forcible-detainer pleadings. In her tort-suit pleadings before consolidation, Nguyen sought a declaration that the lease assignment from Tu to her was not a breach of the lease agreement; after consolidation, Nguyen sought an alternative declaration that the lease assignment was void for having been executed under “extreme duress” and asserted waiver and estoppel as defenses to any breach that the lease assignment caused. These allegations, which were asserted under and invoked the county civil court at law’s original jurisdiction, supported the portions of the judgment declaring that the lease assignment between Tu and Nguyen did not constitute a breach and awarding Nguyen possession of the leased premises. Because the pleadings invoking each type of jurisdiction sought possession, the trial court’s declarations concerning breach and its award of possession were supported by the exercise of both its original and appellate jurisdiction. That is, the judgment of possession was not unique to the forcible-detainer pleadings. As we have said above, a forcible-detainer suit may run concurrently with another action — even if the other action adjudicates matters that could result in a different determination of possession — because a forcible-detainer action determines only the right to immediate possession, rather than the parties’ ultimate rights to any other issue. See Lopez, 76 S.W.3d at 605; see also Meridien Hotels, Inc., 97 S.W.3d at 738 (indicating that district court’s interlocutory order declaring that tenants had defaulted under lease, that landlord had right to terminate lease, and that tenants no longer had right to possession did not excuse justice court from proceeding with forcible-detainer action); cf. Neller v. Kirschke, 922 S.W.2d 182, 187 (Tex.App.-Houston [1st Dist.] 1995, writ denied) (indicating that forcible-detainer court did not determine matter of breach of lease, except in order to decide that landlord was entitled to immediate possession, so that plaintiff-landlord in separate suit for breach of lease was not entitled to judgment as matter of law on issue of breach); Valencia v. Garza, 765 S.W.2d 893, 899 (Tex.App.-San Antonio 1989, no writ) (holding that forcible-entry judgment was not res judicata as to possession in separate suit alleging claims on contract for sale); Buttery v. Bush, 575 S.W.2d 144, 146 (Tex.Civ.App.-Tyler 1978, writ refd n.r.e.) (holding that forcible-entry judgment was not res judi-cata as in separate suit seeking declaration of parties rights under lease agreement and that lease agreement was void). Accordingly, we hold that, under the pleadings in this case, we have jurisdiction to review the propriety of the consolidation order. 3. Whether Consolidation Was Error Although HKDI and Duong challenge the consolidation as being only fundamental error, we liberally construe their brief as alternatively arguing that the consolidation was simple error. See Tex. R.App. P. 38.1(e), 38.9; Sterner v. Marathon Oil Co., 767 S.W.2d 686, 690 (Tex.1989) (“[I]t is our practice to construe liberally points of error in order to obtain a.just, fair and equitable adjudication of the rights of the litigants.”). We conclude that consolidation in these circumstances constitutes error. Forcible-detainer suits are intended to provide a speedy, summary, and inexpensive determination of the right to immediate possession, and the rules accomplish this goal by allowing the parties to litigate only limited matters. See, e.g., Meridien Hotels, Inc., 97 S.W.3d at 737; see also Tex.R. Civ. P. 739, 740, 746, 746, 748, 749. This object is thwarted by allowing through consolidation what is not allowed through assertion of claims in the forcible-detainer suit itself. There is authority to support our conclusion. In Texas-Mexican Railway Co. v. Cahill, a forcible-detainer suit was initiated in justice court, and appeal was taken to the county’s district court. See id., 23 S.W. 232, 232 (Tex.Civ.App.-Galveston 1893, writ refd). In overruling the appellant’s challenge to the denial of its motion to consolidate the forcible-detainer suit with another suit involving the same appellee pending in the same court, this Court explained, in pertinent part: [T]he motion to consolidate was properly refused. The appellee’s suit, as we have seen, was brought under the statute which provides a remedy for the recovery of the possession of real estate when the premises are in the quiet occupancy of one, and they are forcibly entered by another, or where a lessee, after the expiration of his lease, refuses to restore possession to his lessor. The statute provides a speedy and efficient remedy for restoring possession to him who is wrongfully deprived of the same, and no inquiry as to the title to, or the superior right of either party to the suit or that of any third person in, the property, is permitted. The [other suit] was a suit of trespass to try title to the lot in question. To permit the consolidation of such suits would be contrary to the obvious policy of the law, and in most cases-defeat the object of the statute,— the prompt adjudication of the right of possession to the premises, without reference to the right of title to the property. Id. at 232 (emphasis added). We follow the reasoning and conclusion of our Court in Cahill to hold in this case that the trial court erred in consolidating the tort suit and the forcible-detainer suit. See id. HKDI and Duong opposed the consolidation. Although the standard of review for consolidation orders is abuse of discretion, the trial court necessarily abused its discretion here by acting contrary to the law. See Walker, 827 S.W.2d at 840. 4. Whether the Error Was Harmful or Rendered Moot Texas Rule of Appellate Procedure 44.1 provides: (a) Standard for Reversible Error. No judgment may be reversed on appeal on the ground that the trial court made an error of law unless the court of appeals concludes that the error complained of: (1) probably caused the rendition of an improper judgment; or (2) probably prevented the appellant from properly presenting the case to the court of appeals. Tex.R.App. P. 44.1. From the perspective of the forcible-detainer plaintiff, the harm arising from having to participate in a jury trial before one can obtain what is supposed to be an inexpensive, speedy, and summary ruling on the right to immediate possession is evident. HKDI filed the forcible-detainer suit in July 2003, immediately confessed judgment, and appealed to the county court. Nguyen asserted her tort counter-claims, cross-claims, and third-party claims and request for declaratory relief on October 3, 2003. The trial court consolidated the two suits that same month, implicitly overruling HKDI’s motion to strike or to sever Nguyen’s tort claims against HKDI and Duong in the forcible-detainer suit. Trial did not begin until December 2, and it ended on December 11; there were seven days of trial proceedings. The trial court did not render judgment adjudicating the right to possession until April 30, 2004. This significant delay in determining the mere right to immediate possession was caused by the consideration of tort claims over which the trial court, to the extent that it exercised its appellate jurisdiction in the forcible-detainer suit, lacked subject-matter jurisdiction, when the issue should have been decided inexpensively, speedily, and summarily. See, e.g., Meridien Hotels, Inc., 97 S.W.3d at 737; see also Tex.R. Civ. P. 739, 740, 745, 746, 748, 749. Therefore, the error in consolidating the two causes was harmful at the time that the order was rendered. See Tex. R.App. P. 44.1. But the consolidated case then proceeded to trial and to final judgment, in part upon pleadings invoking the court’s original jurisdiction. The pleadings invoking the trial court’s original jurisdiction sought a declaration that the lease assignment between Nguyen and Tu did not breach the lease agreement with HKDI; the same pleadings alternatively sought a declaration that the lease assignment was void for having been executed under “extreme duress” and asserted waiver and estoppel as defenses to any breach that the lease assignment had caused. These allegations, which were asserted under and invoked the trial court’s original jurisdiction, supported the portion of the judgment declaring that the lease assignment was not a breach and awarding Nguyen possession of the leased premises. That is, the trial court’s final judgment was an adjudication not of the right to immediate possession, but of the ultimate right to possession based on the declaratory requests and affirmative defenses asserted under its original jurisdiction. Put another way, the trial court, in effect, completely denied HKDI’s request for a determination of the right to immediate possession and instead determined the ultimate question of who was entitled to possession. Even though a forcible-detainer judgment adjudicates the right to immediate possession, that determination can later be altered if a judgment, in a separate suit adjudicating the parties’ rights to other issues involving the real property, results in a different determination of possession. See Lopez, 76 S.W.3d at 605; see also Meridien Hotels, Inc., 97 S.W.3d at 738 (indicating that district court’s interlocutory order declaring that tenants had defaulted under lease, that landlord had right to terminate lease, and that tenants no longer had right to possession did not excuse justice court from proceeding with forcible-detainer action). Accordingly, under the pleadings in this case, the harm that HKDI suffered by the delay of what should have been a speedy determination of the right to immediate possession was mooted when a final judgment, under the trial court’s exercise of original jurisdiction and on matters determining the ultimate issue of possession, was rendered. Put another way, even if HKDI could somehow obtain an adjudication of the right to immediate possession at this time, that determination would be moot because the parties’ ultimate rights have already been adjudicated and possession has already been awarded based on those rights. That is not to say that parties in HKDI’s position have no remedy. A party harmed by the trial court’s total denial of a speedy determination of the right to immediate possession may seek, by mandamus when the complained-of ruling occurs or before it becomes moot, that the court be ordered to’ adjudicate that right despite the pendency of another suit that could ultimately lead to a different determination of possession for the same property. Here, HKDI could have sought mandamus relief from the consolidation order before final judgment in the consolidated suit was rendered: HKDI would have had no adequate remedy by appeal after final judgment because (1) the rendition of that judgment, under these pleadings, would have mooted a determination of the right to immediate possession and (2) under Ca- hill, the consolidation of the forcible-de-tainer and tort suits was a clear abuse of discretion. See In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135-36 (Tex.2004) (holding that mandamus relief is proper only to correct clear abuse of discretion when there is no adequate remedy by appeal); In re Van Waters & Rogers, Inc., 145 S.W.3d 203, 211 (Tex.2004) (noting that, although mandamus will ordinarily not issue to correct erroneous consolidation, writ will issue if “ ‘extraordinary circumstances’ are present that make an ordinary appeal inadequate,” such as when “the appellate court would not be able to cure the error, [or] when the party’s ability to present a viable claim ... is vitiated ....”) (quoting Canadian Helicopters Ltd. v. Wittig, 876 S.W.2d 304, 309 (Tex.1994)); cf. Meridien Hotels, Inc., 97 S.W.3d at 738-39 (holding that county court did not abuse discretion in issuing mandamus writ ordering justice court to vacate its order abating forcible-detainer proceedings when justice court abated its suit solely to allow district court — which had declared that tenants had defaulted under lease, that landlord had right to terminate lease, and that tenants no longer had right to possession — to finalize judgment there; also holding that no adequate remedy at law existed for justice court’s interlocutory abatement order). But at this point— upon these pleadings, this judgment, and these facts — the harm that HKDI suffered from the deprivation of its right