Cynthia V. Bolinger v. Maria Guadalupe Contreras

Summary

The Texas Thirteenth Court of Appeals held that an appeal from a forcible detainer judgment was moot because the appellant was no longer in possession of the property and had not shown a potentially meritorious claim to current, actual possession. The court vacated the trial court’s judgment and dismissed the case for want of jurisdiction.

Holdings

1. An appeal from a forcible detainer judgment is moot when the defendant is no longer in possession of the property and does not assert a potentially meritorious claim of right to current, actual possession.
2. When a case becomes moot during an appeal, the appellate court must vacate the trial court's judgment and dismiss the case for want of jurisdiction.

Questions Presented

1. Whether the appeal from the forcible detainer judgment became moot when Bolinger no longer possessed the property and failed to assert a potentially meritorious claim to current, actual possession.
2. Whether the appellate court was required to vacate the trial court's judgment and dismiss the case for want of jurisdiction after determining that the appeal was moot.

Disposition

vacated