Courtney Alsobrook v. MTGLQ Investors, LP

Opinion

VACATE and DISMISS and Opinion Filed April 20, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00995-CV

COURTNEY ALSOBROOK, Appellant V. MTGLQ INVESTORS, LP, Appellee

On Appeal from the County Court at Law No. 1 Rockwall County, Texas Trial Court Cause No. CI1-22-0042

MEMORANDUM OPINION Before Justices Pedersen, III, Garcia, and Kennedy Opinion by Justice Pedersen, III This is an appeal from the trial court’s 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. See id. at 787. When a case becomes moot on appeal, an appellate court must 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 final judgment of possession, and dismiss

the case. See id. at 790.

/Bill Pedersen, III/ BILL PEDERSEN, III JUSTICE

220995F.P05

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

COURTNEY ALSOBROOK, On Appeal from the County Court at Appellant Law No. 1, Rockwall County, Texas Trial Court Cause No. CI1-22-0042. No. 05-22-00995-CV V. Opinion delivered by Justice Pedersen, III, Justices Garcia and MTGLQ INVESTORS, LP, Appellee Kennedy participating.

In accordance with this Court’s opinion of this date, we VACATE the trial court’s September 14, 2022 final judgment of possession and DISMISS the case.

Judgment entered April 20, 2023

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