VACATE and DISMISS and Opinion Filed April 19, 2023
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00987-CV
WENDELL TYLER, Appellant
V.
CREEKSIDE VILLAGE APARTMENTS, Appellee
On Appeal from the County Court at Law No. 1
Dallas County, Texas
Trial Court Cause No. CC-22-03764-A
MEMORANDUM OPINION
Before Justices Molberg, Reichek, and Breedlove
Opinion by Justice Molberg
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 The judgment was not superseded, and a writ of possession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) (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
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.
/Ken Molberg/
KEN MOLBERG
JUSTICE
220987F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
WENDELL TYLER, Appellant On Appeal from the County Court at
Law No. 1, Dallas County, Texas
No. 05-22-00987-CV V. Trial Court Cause No. CC-22-03764-
A.
CREEKSIDE VILLAGE Opinion delivered by Justice
APARTMENTS, Appellee Molberg, Justices Reichek and
Breedlove participating.
In accordance with this Court’s opinion of this date, we VACATE the trial
court’s final judgment and DISMISS the case.
Judgment entered April 19, 2023.
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