Sheila Olbrei and Richard Olbrei v. Victoria Coman aka Victoria Lemay aka Victoria Lane

Summary

The Fourth Court of Appeals of Texas considered an appeal from a forcible detainer judgment awarding possession of residential property to Sheila and Richard Olbrei. Because Victoria Coman had been removed from the property, had not posted a supersedeas bond, and did not establish a potentially meritorious right to current possession, the court held that the appeal was moot. The court vacated the trial court’s judgment.

Holdings

1. An appeal from a forcible detainer judgment is moot when the appellant is no longer in possession, has not superseded the judgment, and fails to show a potentially meritorious claim of right to current, actual possession, even if the appellant timely and clearly expressed an intent to appeal.
2. When an appeal becomes moot and appellate review on the merits is precluded, the appellate court must vacate the underlying trial court judgment.

Questions Presented

1. Whether Coman’s appeal from the forcible detainer judgment remained a live controversy after she was removed from the property and failed to supersede the judgment.
2. Whether the trial court’s judgment should be vacated because the appeal became moot.

Disposition

vacated