Brenda K. Stoker v. Korattymuthy, LLC and Sijo Jose

Summary

The Texas Court of Appeals for the Second District dismissed Brenda K. Stoker’s appeal from a forcible detainer judgment as moot because the writ of possession had been executed and she was no longer in possession of the property. The court vacated the trial court’s judgment and denied the appellees’ motion for an extension of time to file their brief.

Holdings

1. An appeal in a forcible detainer case becomes moot when the appellant vacates or is dispossessed from the property unless the appellant holds and asserts a meritorious claim of right to current, actual possession. Because Stoker was no longer in possession and did not establish such a claim, the appeal was moot.
2. When an appeal becomes moot, the court must dismiss the appeal.

Questions Presented

1. Whether the appeal became moot after the writ of possession was executed and appellant no longer remained in actual possession of the property.
2. Whether appellant demonstrated a meritorious claim of right to current, actual possession sufficient to preserve the forcible detainer appeal.
3. Whether the trial court's judgment should be vacated and the appeal dismissed as moot.

Disposition

vacated