Tangela Latasha Coleman v. Pflugerville Wells Branch, LLC

Summary

The Texas Court of Appeals, Third District, held that the appellant’s challenges concerning possession of leased premises were moot because a writ of possession had been executed and she no longer occupied the property. The court considered and rejected her challenges to the landlord’s recovery of attorneys’ fees and damages for unpaid rent, affirming the trial court’s judgment.

Holdings

1. Coleman's issues concerning possession were moot because she no longer had actual possession of the property and could not demonstrate a potentially meritorious claim of right to current, actual possession.
2. The landlord was entitled to recover attorneys' fees because the written lease expressly provided for their recovery, regardless of Coleman's arguments concerning the three-day notice and the landlord's original justice-court petition.
3. The trial court did not err in assessing the challenged amounts because the judgment awarded only $9,830 for five months of unpaid rent and did not award the late fees, February 2025 rent, reletting fee, or vacant service fee identified by Coleman.

Questions Presented

1. Whether Coleman's challenges to the trial court's award of possession remained justiciable after she lost actual possession of the premises.
2. Whether the landlord was entitled to recover attorneys' fees despite Coleman's arguments concerning the three-day notice and the landlord's original justice-court pleading.
3. Whether the trial court awarded damages for late fees, February 2025 rent, a reletting fee, or a vacant service fee that were not included in the judgment.

Disposition

affirmed