Summary
The Texas Court of Appeals for the First District dismissed an appeal from a forcible detainer judgment as moot after the appellant was evicted and the appellee regained possession. The court concluded that the appellant had not asserted a potentially meritorious claim of right to current, actual possession. It granted the motion to dismiss, dismissed the appeal, and vacated the trial court’s judgment of possession.
Holdings
- After an appellant is evicted and the appellee regains possession, an appeal from a forcible detainer judgment is moot unless the appellant asserts a potentially meritorious claim of right to current, actual possession.
- When an appeal from a forcible detainer action becomes moot, the proper disposition is to dismiss the appeal and vacate the lower court's judgment of possession.
Questions Presented
- Whether Romero's appeal from the forcible detainer judgment became moot after he was evicted and Mahmood regained possession.
- Whether Romero asserted a potentially meritorious claim of right to current, actual possession sufficient to preserve a live controversy.
- Whether the appellate court should dismiss the moot appeal and vacate the trial court's judgment of possession.
Disposition
other
Cases Cited (9)
- Strange v. Deutsche Bank Nat'l Tr. Co. as Tr. for Registered Holders of Long Beach Mortg. Loan Tr. 2004-4, Asset-Backed Certificates, Series 2004-4, No. 01-23-00575-CV, 2024 WL 1862860 (Tex. App.—Houston [1st Dist.] Apr. 30, 2024, no pet.) (mem. op.)(followed)
- Richardson v. Daka Investments, LLC, No. 02-20-00360-CV, 2021 WL 4621762 (Tex. App.—Fort Worth Oct. 7, 2021, no pet.) (mem. op.)(followed)
- De La Garza v. Riverstone Apartments, No. 04-06-00732-CV, 2007 WL 3270769 (Tex. App.—San Antonio Nov. 7, 2007, no pet.) (mem. op.)(followed)
- Marshall v. Hous. Auth. of City of San Antonio, 198 S.W.3d 782, 785, 787 (Tex. 2006)(followed)
- Gallien v. Fed. Home Loan Mortg. Corp., No. 01-07-00075-CV, 2008 WL 4670465 (Tex. App.—Houston [1st Dist.] Oct. 23, 2008, pet. dism'd w.o.j.) (mem. op.)(followed)
- Holloway v. Revelstoke Venture, LLC, No. 02-23-00375-CV, 2024 WL 191221 (Tex. App.—Fort Worth Jan. 18, 2024, pet. denied) (mem. op.)(followed)
- Barnes v. Stone Way Ltd. P'ship, 330 S.W.3d 925, 929 (Tex. App.—Beaumont 2011, no pet.)(followed)
- Kennedy v. Andover Place Apartments, 203 S.W.3d 495, 497 (Tex. App.—Houston [14th Dist.] 2006, no pet.)(followed)
- Coinmach Corp. v. Aspenwood Apartment Corp., 417 S.W.3d 909, 919 (Tex. 2013)(followed)
Cited In (0)
No citing cases on record yet.
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