Derrick Woodfin and Shawn Johnson-Woodfin v. Alicia Cieslewicz and Randall Cieslewicz

Summary

The Texas Court of Appeals, Third District, dismissed an appeal from a forcible-detainer judgment for lack of jurisdiction because the appellants no longer possessed the property and could not establish a potentially meritorious right to current possession. The court held that the lease had expired no later than September 30, 2021, even assuming the appellants’ claim that sixty days’ notice was required. The court therefore concluded that the appeal was moot.

Holdings

1. When an appellant no longer has actual possession of property subject to a forcible-detainer judgment, the possession issue is moot unless the appellant holds and asserts a potentially meritorious claim of right to current, actual possession.
2. The court could not reach the Woodfins's challenges to the notice to vacate because, even assuming the eviction was wrongful or that sixty days' notice was required, the lease had expired and the Woodfins could not establish a current right to possession.

Questions Presented

1. Whether the appeal from the forcible-detainer judgment was moot after the Woodfins lost actual possession of the property.
2. Whether the Woodfins could demonstrate a potentially meritorious claim of right to current, actual possession based on their challenges to the notice to vacate and alleged sixty-day notice agreement.

Disposition

dismissed