Ananias Freeney, Jr. v. EKRE of Texas, LLC

• Court: Court of Appeals of Texas
• Decided: April 24, 2025
• Docket: 15-25-00056-CV
• Status: Published

Opinion

ACCEPTED 15-25-00056-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 4/24/2025 2:18 PM In The CHRISTOPHER A. PRINE CLERK

Court of Appeals FILED IN 15th COURT OF APPEALS AUSTIN, TEXAS Fifteenth District of Texas at Austin 4/24/2025 2:18:11 PM CHRISTOPHER A. PRINE Clerk No. 15-25-00056-CV

Ananias Freeney, Jr., Appellant v. EKRE of TX, LLC, Appellee

On Appeal from the County Court at Law Number One Dallas County, Texas Trial Court Cause Number CC-24-07234-A

APPELLEE’S MOTION TO DISMISS MOOT APPEAL

TAHERZADEH, PLLC Selim H. Taherzadeh State Bar No. 24046944 st@taherzlaw.com 15851 N. Dallas Parkway, Suite 410 Addison, Texas 75001 (469) 729-6800 April 24, 2025 TO THE HONORABLE COURT OF APPEALS:

COMES NOW, EKRE of TX, LLC, who files this its Motion to

Dismiss Moot Appeal and respectfully shows the Court as follows:

1. Appellee is EKRE of TX, LLC (“Appellee” or “EKRE”). Appellant

is Ananias Freeney, Jr. (“Appellant” or “Freeney”).

2. EKRE appears as an interested party because it is a judgment

creditor for possession of real property after a trial of a forcible

detainer proceeding before County Court at Law, Number One, of

Dallas County, Texas under Cause Number CC-24-07234-A. On

March 12, 2025, the trial court signed a Judgment for Possession

finding Freeney guilty of forcible detainer of the property located at

1406 E. 9th Street, Dallas, Texas 75203 (the “Property”), and

granting possession of the Property to EKRE.

3. On March 13, 2025, Freeney filed a notice of appeal, but Appellant

failed to post the supersedeas bond within ten days of the date of

the judgment as required by Texas Property Code section 24.007.

1 4. Since Freeney failed to supersede the judgment, EKRE obtained a

writ of possession which was executed on April 16, 2025. EKRE has

remained in possession of the Property since that time.

5. Since the only issue in a forcible detainer action is related to the

right of immediate possession, and that issue is no longer in

controversy, the appeal is now moot. As the First Court of Appeals

recently stated:

“although the failure to supersede a forcible- detainer judgment does not divest an appellant of the right to appeal, an appeal from a forcible- detainer action becomes moot if the appellant is no longer in possession of the property, unless the appellant holds and asserts ‘a potentially meritorious claim of right to current, actual possession’ of the property.” Martin v. Woodlake Oaks Apartments, No. 01-24-00626-CV, 2025 WL 1107101, 2025 Tex. App. LEXIS 2544, at * 1 (Tex. App.—Houston [1st Dist.] Apr. 15, 2025, no pet. h.) citing Marshall v. Housing Authority of the City of San Antonio, 198 S.W.3d 782, 786-87 (Tex. 2006).

6. Under Texas Rule of Appellate Procedure 42.3(b) this Court may

dismiss the appeal as there is no longer an issue in controversy,

namely the right to immediate possession of the Property. The

controversy between the parties ended when the Appellant failed to

supersede the trial court’s judgment, and the writ was executed.

2 Because this action disposed of all issues forming the basis of the

appeal, this appeal should be dismissed.

PRAYER FOR RELIEF

Appellee EKRE of TX, LLC respectfully asks this Court to dismiss

Appellant’s appeal as moot and to provide it with all other and further

relief to which it may be entitled.

Respectfully submitted,

By: /s/ Selim H. Taherzadeh

TAHERZADEH, PLLC Selim H. Taherzadeh st@taherzlaw.com 15851 N. Dallas Parkway, Suite 410 Addison, Texas 75001 (T) (469) 729-6800 (F) (469) 828-2772 ATTORNEYS FOR APPELLEE EKRE OF TX, LLC

3 CERTIFICATE OF SERVICE

I hereby certify that on 24th day of April 2025, a true and correct copy of the above and foregoing motion was properly forwarded to Appellant in accordance with Rule 9.5 of the Texas Rules of Appellate Procedure as follows:

Ananias Freeney, Jr. 1406 E. 9th St. Dallas, TX 75203 Afreeneyjr@yahoo.com

/s/ Selim H. Taherzadeh Selim H. Taherzadeh

4 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Michael Linke on behalf of Selim Taherzadeh Bar No. 24046944 ml@taherzlaw.com Envelope ID: 100052660 Filing Code Description: Motion Filing Description: Motion to Dismiss Moot Appeal Status as of 4/24/2025 2:23 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Estefania VilchezGarcia Estefania@taherzlaw.com 4/24/2025 2:18:11 PM SENT

Heather Buller heather@taherzlaw.com 4/24/2025 2:18:11 PM SENT

Selim HTaherzadeh st@taherzlaw.com 4/24/2025 2:18:11 PM SENT

Ananias Freeney afreeneyjr@yahoo.com 4/24/2025 2:18:11 PM SENT