DISMISS; and Opinion Filed February 24, 2014.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01458-CV
LARRY WILLIAMS, Appellant
V.
DEUTSCHE BANK NATIONAL TRUST COMPANY AS INDENTURE TRUSTEE
FOR NEW CENTURY HOME EQUITY LOAN TRUST 2005-2, Appellee
On Appeal from the County Court at Law No. 4
Dallas County, Texas
Trial Court Cause No. CC-13-05334-D
MEMORANDUM OPINION
Before Justices FitzGerald, Fillmore, and Evans
Opinion by Justice Fillmore
Before the Court is appellee’s motion to dismiss this appeal. Appellee contends the
appeal should be dismissed as moot. Appellant did not file a response to appellee’s motion.
A case becomes moot if, at any stage during the proceedings, a controversy ceases to
exist between the parties. See Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001). The purpose
of a forcible detainer action is to obtain immediate possession of property. See Scott v. Hewitt,
127 Tex. 31, 35, 90 S.W.2d 816, 818-19 (1936). A judgment of possession in a forcible detainer
action determines the right to immediate possession and is not intended to be a final
determination of whether the eviction is wrongful. See Marshall v. Housing Auth. of the City of
San Antonio, 198 S.W.3d 782, 787 (Tex. 2006).
In its motion to dismiss, appellee has informed the Court that a writ of possession has
been issued and it now has possession of the property. Because the issue of possession is no
longer in controversy, this appeal is moot. Accordingly we grant appellee’s motion and dismiss
the appeal. See TEX. R. APP. P. 42.3(a).
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE
131458F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
LARRY WILLIAMS, Appellant On Appeal from the County Court at Law
No. 4, Dallas County, Texas.
No. 05-13-01458-CV V. Trial Court Cause No. CC-13-05334-D.
Opinion delivered by Justice Fillmore.
DEUTSCHE BANK NATIONAL TRUST Justices FitzGerald and Evans, participating.
COMPANY AS INDENTURE TRUSTEE
FOR NEW CENTURY HOME EQUITY
LOAN TRUST 2005-2, Appellee
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee, DEUTSCHE BANK NATIONAL TRUST COMPANY
AS INDENTURE TRUSTEE FOR NEW CENTURY HOME EQUITY LOAN TRUST 2005-2,
recover its costs of this appeal from appellant, LARRY WILLIAMS.
Judgment entered this 24th day of February, 2014.
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE
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