Andrew Spence and Cassie Alexander v. Georgia E. Hersom
This text of Andrew Spence and Cassie Alexander v. Georgia E. Hersom (Andrew Spence and Cassie Alexander v. Georgia E. Hersom) is published on Counsel Stack Legal Research, covering Texas Court of Appeals, 10th District (Waco) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Court of Appeals Tenth Appellate District of Texas
10-24-00181-CV
Andrew Spence and Cassie Alexander, Appellants
v.
Georgia E. Hersom, Appellee
On appeal from the County Court at Law No. 2 of Johnson County, Texas Judge F. Steven McClure, presiding Trial Court Cause No. CC-C20230567
CHIEF JUSTICE JOHNSON delivered the opinion of the Court.
MEMORANDUM OPINION
Andrew Spence and Cassie Alexander appealed from a de novo judgment
from the county court at law in an eviction proceeding. The Appellants had
appealed an adverse decision from the justice court to the county court at law.
Upon request by the Clerk of this Court as to whether or not Appellants were
still in possession of the property in question, Appellants have informed this Court that they are no longer in possession of the property, do not dispute that
this appeal is moot, and “do not oppose dismissal of the appeal on that basis.”
Chapter 24 of the Texas Property Code grants justice courts "jurisdiction
in eviction suits," including suits for forcible entry and detainer and forcible
detainer. TEX. PROP. CODE ANN. § 24.004(a). Texas Rule of Civil Procedure
510.3, which governs eviction cases, identifies "the right to actual possession"
as the "[o]nly [i]ssue" in an eviction case and specifies that claims "not asserted
because of this rule can be brought in a separate suit in a court of proper
jurisdiction." TEX. R. CIV. P. 510.3(e).
Accordingly, because Appellants are no longer in possession of the
premises in question, we vacate the trial court's judgment and dismiss the case
as moot. Appellants’ pending motions are also dismissed as moot.
MATT JOHNSON Chief Justice
OPINION DELIVERED and FILED: April 23, 2026 Before Chief Justice Johnson, Justice Smith, and Justice Harris Appeal dismissed; Judgment vacated; Motions dismissed CV06
Spence v. Hersom Page 2
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