VACATE and DISMISS and Opinion Filed April 17, 2023
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-01163-CV
OLLIE M. WILLIAMS, Appellant
V.
SELECT DV GROUP, Appellee
On Appeal from the County Court at Law No. 3
Dallas County, Texas
Trial Court Cause No. CC-22-04075-C
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Goldstein
Opinion by Chief Justice Burns
This is an appeal from the trial court’s 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 The judgment was not superseded, and a writ of possession was served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) (only issue in forcible detainer action is possession, and issue
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). We directed appellant to file a
letter brief addressing the Court’s concern and noted that, if we determined we
lacked jurisdiction, we would set aside the trial court’s judgment and dismiss the
case. See Marshall, 198 S.W.3d at 785, 790 (when case becomes moot on appeal,
appellate court must set aside trial court judgment and dismiss case).
More than ten days have passed and appellant has not filed a letter brief or
otherwise communicated with the Court. Accordingly, as it appears on the record
before us that appellant is no longer in possession of the premises, we vacate the trial
court’s judgment and dismiss the case as moot. See id. at 790.
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
221163F.P05
–2–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
OLLIE M. WILLIAMS, Appellant On Appeal from the County Court at
Law No. 3, Dallas County, Texas
No. 05-22-01163-CV V. Trial Court Cause No. CC-22-04075-
C.
SELECT DV GROUP, Appellee Opinion delivered by Chief Justice
Burns, Justices Molberg and
Goldstein participating.
In accordance with this Court’s opinion of this date, we VACATE the trial
court’s judgment and DISMISS the case.
Judgment entered April 17, 2023.
–3–