Craig S. Pittman and Kelly K. Pittman v. JRMV Property Investments, LLC

Opinion

DISMISS and Opinion Filed December 20, 2022

In the Court of Appeals Fifth District of Texas at Dallas No. 05-22-01192-CV

CRAIG S. PITTMAN AND KELLY K. PITTMAN, Appellants V. JRMV PROPERTY INVESTMENTS, LLC, Appellee

On Appeal from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-22-03755-B

MEMORANDUM OPINION Before Chief Justice Burns, Justice Carlyle, and Justice Garcia Opinion by Justice Carlyle This is an appeal from a judgment in a forcible detainer lawsuit awarding

possession of the subject property to appellee. Before the Court is appellee’s motion

to dismiss the appeal as moot. Appellee recites in the motion that a writ of possession

was executed, and appellants are no longer in possession of the property.

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

of the premises. See Olley v. HVM, L.L.C., 449 S.W.3d 572, 575 (Tex. App.—

Houston [14th Dist.] 2014, pet. denied). Unless an appellant has a potentially

meritorious claim of right to current, actual possession, the issue of possession and the case become moot when the appellant is no longer in possession of the premises.

See Marshall v. Hous. Auth. of City of San Antonio, 198 S.W.3d 782, 787, 790 (Tex.

2006). When a case becomes moot on appeal, an appellate court must vacate the trial

court’s judgment and dismiss the case. See City of Dallas v. Woodfield, 305 S.W.3d

412, 416 (Tex. App.—Dallas 2010, no pet.).

We gave appellants an opportunity to respond to appellee’s motion, but they

failed to do so. Because nothing in the record before us shows appellants have a

potentially meritorious claim of right to current, actual possession of the property,

we grant appellee’s motion, vacate the trial court’s judgment, and dismiss the case.

See TEX. R. APP. P. 42.3(a); Marshall, 198 S.W.3d at 790.

/Cory L. Carlyle// 221192f.p05 CORY L. CARLYLE JUSTICE

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

CRAIG S. PITTMAN AND KELLY On Appeal from the County Court at K. PITTMAN, Appellants Law No. 2, Dallas County, Texas Trial Court Cause No. CC-22-03755- No. 05-22-01192-CV V. B. Opinion delivered by Justice Carlyle. JRMV PROPERTY Chief Justice Burns and Justice INVESTMENTS, LLC, Appellee Garcia participating.

In accordance with this Court’s opinion of this date, we VACATE the trial court’s October 28, 2022 judgment and DISMISS the case.

We ORDER that appellee JRMV PROPERTY INVESTMENTS, LLC recover its costs of this appeal from appellants CRAIG S. PITTMAN AND KELLY K. PITTMAN.

Judgment entered this 20th day of December 2022.

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