Douglas Crouse and April Marble v. Kenton Place Apartments

Summary

The Fourth Court of Appeals of San Antonio dismissed an appeal from a forcible detainer judgment for lack of jurisdiction. Because the appellants did not file a supersedeas bond, lost possession after execution of a writ of possession, and failed to respond to the court’s order, the court dismissed the appeal as moot.

Holdings

1. Because appellants failed to file a supersedeas bond, lost possession pursuant to an executed writ of possession, and did not establish either a timely and clear intent to appeal or a potentially meritorious claim to current, actual possession, the appeal was moot and had to be dismissed for lack of jurisdiction.

Questions Presented

1. Whether the appeal from the forcible detainer judgment was moot and subject to dismissal for lack of jurisdiction after appellants failed to supersede the judgment and lost possession of the property.

Disposition

dismissed