Charlotte Buckner v. White Rock Hill Townhomes

• Court: Court of Appeals of Texas
• Decided: April 28, 2023
• Docket: 05-23-00231-CV
• Status: Published

Opinion

Dismiss and Opinion Filed April 28, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00231-CV

CHARLOTTE BUCKNER, Appellant V. WHITE ROCK HILL TOWNHOMES, Appellee

On Appeal from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-22-06021-B

MEMORANDUM OPINION Before Justices Nowell, Goldstein, and Breedlove Opinion by Justice Nowell This is an appeal from the trial court’s March 6, 2023 final judgment of

possession in a forcible detainer suit. Asserting the appeal has become moot because

appellant is no longer in possession of the subject property, appellee has filed a

motion to dismiss.

The only issue in a forcible detainer suit is the right to actual possession of the

premises. See Marshall v. Housing Auth. of City of San Antonio, 198 S.W.3d 782,

785 (Tex. 2006). Unless the tenant has a “potentially meritorious claim of right to

current, actual possession,” the issue of possession and the case become moot when the tenant vacates the property. See id. at 787. When a case becomes moot on

appeal, an appellate court must set aside or vacate the trial court’s judgment and

dismiss the case. See id. at 785, 790.

Although appellant has had more than ten days to respond to appellee’s

motion, she has not done so. Accordingly, with nothing before us showing appellant

has a “potentially meritorious claim of right to current, actual possession,” we grant

appellee’s motion, vacate the trial court’s March 6th judgment of possession, and

dismiss the case. See id. at 790.

230231f.p05 /Erin A. Nowell// ERIN A. NOWELL JUSTICE

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

CHARLOTTE BUCKNER, On Appeal from the County Court at Appellant Law No. 2, Dallas County, Texas Trial Court Cause No. CC-22-06021- No. 05-23-00231-CV V. B. Opinion delivered by Justice Nowell, WHITE ROCK HILL Justices Goldstein and Breedlove TOWNHOMES, Appellee participating.

In accordance with this Court’s opinion of this date, we VACATE the trial court’s March 6, 2023 judgment of possession and DISMISS the case.

Judgment entered this 28th day of April, 2023.

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