Damon Lee Wood v. Freestone County

• Court: Court of Appeals of Texas
• Decided: September 21, 2011
• Docket: 10-11-00259-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-11-00259-CV

DAMON LEE WOOD, Appellant v.

FREESTONE COUNTY, Appellee

From the 77th District Court Freestone County, Texas Trial Court No. 06-389-A

MEMORANDUM OPINION

Appellees Freestone County, Fairfield Independent School District, and Fairfield

Hospital District sued Appellant Damon Wood and numerous other interested persons

for delinquent property taxes that were assessed on real property in Freestone County.

Wood and the others were sued in rem only, and the Appellees sought and obtained a

judgment for foreclosure of the tax lien. Wood is the only defendant to appeal.

Appellees have moved to dismiss Wood’s appeal, asserting that the controversy

is moot and that we lack jurisdiction because, after this appeal was taken, the property was sold, the tax lien has been satisfied, and Wood no longer owns the subject property.

Wood has not filed a response to the motion to dismiss.

Appellees’ motion is supported by evidence, namely a general warranty deed

dated August 4, 2011, reflecting a sale of the subject property by John C. Osborne, in

trust for Damon Lee Wood, and a release of the judgment, it having been fully satisfied.

We agree that, because Wood has sold the property, the controversy between the

parties has ended and this appeal is moot. Cf. FDIC v. Nueces County, 886 S.W.2d 766,

767 (Tex. 1994); Katy Personal Storage, Inc. v. First State Bank, 968 S.W.2d 579, 581 (Tex.

App.—Houston [14th Dist.] 1998, pet. withdrawn). Accordingly, we grant Appellees’

motion and dismiss this appeal as moot.

REX D. DAVIS Justice

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Motion granted; appeal dismissed Opinion delivered and filed September 21, 2011 [CV06]

Wood v. Freestone County Page 2