NUMBER 13-12-00772-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
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GLORIA PEREZ, Appellant,
v.
BEEVILLE HOUSING AUTHORITY, Appellee.
____________________________________________________________
On appeal from the County Court at Law
of Bee County, Texas.
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MEMORANDUM OPINION
Before Justices Garza, Benavides, and Perkes
Memorandum Opinion Per Curiam
Appellant, Gloria Perez, appeals the trial court’s judgment of eviction entered
against appellant in a forcible detainer suit. On January 25, 2012, appellee filed a motion
to dismiss the appeal as moot, stating that appellant has voluntarily vacated the subject
property.
“The only issue in an action for forcible detainer is the right to actual possession of
the premises, and the merits of title shall not be adjudicated.” Wilhelm v. Fannie Mae,
349 S.W.3d 766, 768 (Tex. App.—Houston [14th Dist.] 2011, no pet.) (citing Tex. R. Civ.
P. 746; Marshall v. Housing Auth. of City of San Antonio, 198 S.W.3d 782, 785 (Tex.
2006)). Although the failure to supersede a forcible-detainer judgment does not divest a
defendant of his right to appeal when the defendant is no longer in possession of the
premises, an appeal from the judgment in that case is moot unless the defendant asserts
a “potentially meritorious claim of right to current, actual possession.” Marshall, 198
S.W.3d at 787; Wilhelm, 349 S.W.3d at 768.
The Clerk of the Court requested a response from appellant. Appellant has
responded that she has vacated the apartment and it is ready for inspection. Absent any
assertion of a potentially meritorious claim of right to current, actual possession, we
GRANT appellee’s motion and DISMISS the appeal as moot. See Marshall, 198 S.W.3d
at 787; Wilhelm, 349 S.W.3d at 768.
PER CURIAM
Delivered and filed the
14th day of February, 2013.
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