COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-13-00437-CV
LARRY STILLWELL AND/OR ALL APPELLANT
OTHER OCCUPANTS OF 11829
COTTONTAIL DRIVE, FORT
WORTH, TEXAS 76248
V.
AH4R I TX, LLC APPELLEE
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FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY
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MEMORANDUM OPINION 1
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This is an appeal from the trial court’s judgment awarding possession of
real property to AH4R I TX, LLC in a forcible detainer suit. In a motion for
extension of time to file a brief, appellant informed this court that he had already
vacated the premises at issue. This court informed appellant that it appeared
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See Tex. R. App. P. 47.4.
that the appeal is now moot and could be dismissed for want of jurisdiction
unless he, or any other party, filed a response showing otherwise. We have not
received a response.
An appeal in a forcible detainer action becomes moot when the appellant
ceases to have actual possession of the property unless the appellant holds and
asserts a meritorious claim of right to current, actual possession of the premises.
Marshall v. Housing Auth. of San Antonio, 198 S.W.3d 782, 787–88 (Tex. 2006);
Brewer v. Green Lizard Holdings, L.L.C., No. 02-13-00119-CV, 2013 WL
5303064, at *1 (Tex. App.––Fort Worth Sept. 19, 2013, no pet.) (mem. op.).
Because we have not received any response showing that appellant holds and is
asserting a meritorious claim as to current, actual possession of the premises,
we dismiss the appeal as moot. See Tex. R. App. P. 42.3(a); Marshall, 198
S.W.3d at 790; Wigenton v. Housing Auth. of City of Dallas, No. 05-13-01172-
CV, 2014 WL 1018651, at *1 (Tex. App.––Dallas Mar. 17, 2014, no pet. h.)
(mem. op.). For the same reason, we need not rule on appellant’s motion to
extend the time to file a brief.
PER CURIAM
PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.
DELIVERED: April 24, 2014
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