Season Jennifer Weeter v. NAPA Ventures Woodbridge, LLC d/b/a Woodbridge Townhomes

Weeter · Court of Appeals of Texas, Second District, Fort Worth · August 16, 2018 · No. 02-17-00345-CV

Summary

The Texas Court of Appeals, Second District, dismissed a forcible-detainer appeal as moot after the judgment creditor released and discharged the judgment against the appellant. The court vacated the trial court’s judgment and dismissed the case, concluding that no live controversy remained and that no exception to the mootness doctrine applied.

Holdings

  1. Woodbridge's express cancellation, release, and discharge of the judgment eliminated any live controversy because Woodbridge could no longer enforce the judgment; the appeal was therefore moot.
  2. The issue concerning the amount of the supersedeas bond was also moot because the underlying judgment had been released.
  3. Neither the capable-of-repetition-yet-evading-review exception nor the collateral-consequences exception applied.

Questions Presented

  1. Whether Woodbridge's unconditional release of the judgment eliminated the live controversy and rendered the appeal moot.
  2. Whether the supersedeas-bond issue also became moot after Woodbridge released the underlying judgment.
  3. Whether either the capable-of-repetition-yet-evading-review or collateral-consequences exception to mootness applied.

Disposition

vacated

Cases Cited (9)

  • Marshall v. Hous. Auth. of San Antonio, 198 S.W.3d 782, 785 (Tex. 2006)(followed)
  • Bd. of Adjustment of San Antonio v. Wende, 92 S.W.3d 424, 427 (Tex. 2002)(followed)
  • Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001)(followed)
  • Murphy v. Hunt, 455 U.S. 478, 481, 102 S. Ct. 1181, 1183 (1982)(followed)
  • Reule v. RLZ Invs., 411 S.W.3d 31, 32-33 (Tex. App.—Houston [14th Dist.] 2013, no pet.)(followed)
  • Meeker v. Tarrant Cty. Coll. Dist., 317 S.W.3d 754, 759, 763 (Tex. App.—Fort Worth 2010, pet. denied)(followed)
  • Wilhelm v. Fed. Nat’l Mortg. Ass’n, 349 S.W.3d 766, 769 (Tex. App.—Houston [14th Dist.] 2011, no pet.)(followed)
  • Rapp v. Mandell & Wright, P.C., 123 S.W.3d 431, 435 (Tex. App.—Houston [1st Dist.] 2003, pet. denied)(followed)
  • Gen. Land Office of Tex. v. OXY U.S.A., Inc., 789 S.W.2d 569, 571 (Tex. 1990)(followed)

Cited In (0)

No citing cases on record yet.

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