Vacate and Dismiss and Opinion Filed December 28, 2022
In the
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00891-CV
DANELDA AUSTIN, Appellant
V.
THE HOUSING AUTHORITY OF THE CITY OF DALLAS, TEXAS - PARK
MANOR, Appellee
On Appeal from the County Court at Law No. 2
Dallas County, Texas
Trial Court Cause No. CC-22-02671-B
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Carlyle, and Justice Garcia
Opinion by Justice Carlyle
This is an appeal from the trial court’s final judgment of possession in a
forcible detainer suit. The judgment was not superseded, and a writ of possession
was served on appellant. Because it appeared appellant was no longer in possession
of the property, and a forcible detainer action generally becomes moot when the
tenant is no longer in possession of the premises, we questioned our jurisdiction over
the appeal. See Marshall v. Housing Auth. of City of San Antonio, 198 S.W.3d 782,
785, 787 (Tex. 2006) (possession of premises is only issue in forcible detainer action;
issue of possession becomes moot when tenant vacates property unless tenant has
“potentially meritorious claim of right to current, actual possession”); Olley v. HVM,
L.L.C., 449 S.W.3d 573, 575 (Tex. App.—Houston [14th Dist.] 2014, pet. denied)
(appellate courts lack jurisdiction over moot controversies).
By letter dated November 23, 2022, we directed appellant to file a letter brief
addressing the Court’s concern and cautioned that failure to comply by December 5,
2022 could result in dismissal of the case. To date, appellant has not filed a letter
brief or otherwise communicated with the Court.
When, as here, a case becomes moot on appeal, the appellate court must set
aside the trial court’s judgment and dismiss the case. See Marshall, 198 S.W.3d at
785, 790. Accordingly, on the record before us, we vacate the trial court’s final
judgment of possession and dismiss the case as moot. See id. at 790.
/Cory L. Carlyle//
220891f.p05 CORY L. CARLYLE
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DANELDA AUSTIN, Appellant On Appeal from the County Court at
Law No. 2, Dallas County, Texas
No. 05-22-00891-CV V. Trial Court Cause No. CC-22-02671-
B.
THE HOUSING AUTHORITY OF Opinion delivered by Justice Carlyle,
THE CITY OF DALLAS, TEXAS – Chief Justice Burns and Justice
PARK MANOR, Appellee Garcia participating.
In accordance with this Court’s opinion of this date, we VACATE the trial
court’s September 12, 2022 judgment and DISMISS the case.
Judgment entered this 28th day of December 2022.
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