Cody Adams v. Brenda Adams

Summary

The Texas Court of Appeals for the Second District held that an eviction appeal was moot because the appellant had been evicted, no damages or attorney’s fees remained at issue, and the record did not show a meritorious claim to current possession. The court vacated the trial court’s judgment and dismissed the appeal as moot.

Holdings

1. An eviction appeal is moot when the appellant has vacated the property, no damages or attorney's fees remain at issue, and the appellant lacks a meritorious claim of right to current, actual possession. Those conditions were satisfied here, so the appeal was moot.

Questions Presented

1. Whether the eviction appeal became moot after the appellant was evicted, no damages or attorney's fees remained at issue, and the record did not show a meritorious claim to current possession.

Disposition

vacated