Danelda Austin v. the Housing Authority of Dallas

• Court: Court of Appeals of Texas
• Decided: December 28, 2022
• Docket: 05-22-00891-CV
• Status: Published

Opinion

Vacate and Dismiss and Opinion Filed December 28, 2022

In the Court of Appeals Fifth District of Texas at Dallas No. 05-22-00891-CV

DANELDA AUSTIN, Appellant V. THE HOUSING AUTHORITY OF THE CITY OF DALLAS, TEXAS - PARK MANOR, Appellee

On Appeal from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-22-02671-B

MEMORANDUM OPINION Before Chief Justice Burns, Justice Carlyle, and Justice Garcia Opinion by Justice Carlyle This is an appeal from the trial court’s final judgment of possession in a

forcible detainer suit. The judgment was not superseded, and a writ of possession

was served on appellant. Because it appeared appellant was no longer in possession

of the property, and a forcible detainer action generally becomes moot when the

tenant is no longer in possession of the premises, we questioned our jurisdiction over

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

785, 787 (Tex. 2006) (possession of premises is only issue in forcible detainer action;

issue of possession becomes moot when tenant vacates property unless tenant has “potentially meritorious claim of right to current, actual possession”); Olley v. HVM,

L.L.C., 449 S.W.3d 573, 575 (Tex. App.—Houston [14th Dist.] 2014, pet. denied)

(appellate courts lack jurisdiction over moot controversies).

By letter dated November 23, 2022, we directed appellant to file a letter brief

addressing the Court’s concern and cautioned that failure to comply by December 5,

2022 could result in dismissal of the case. To date, appellant has not filed a letter

brief or otherwise communicated with the Court.

When, as here, a case becomes moot on appeal, the appellate court must set

aside the trial court’s judgment and dismiss the case. See Marshall, 198 S.W.3d at

785, 790. Accordingly, on the record before us, we vacate the trial court’s final

judgment of possession and dismiss the case as moot. See id. at 790.

/Cory L. Carlyle// 220891f.p05 CORY L. CARLYLE JUSTICE

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

DANELDA AUSTIN, Appellant On Appeal from the County Court at Law No. 2, Dallas County, Texas No. 05-22-00891-CV V. Trial Court Cause No. CC-22-02671- B. THE HOUSING AUTHORITY OF Opinion delivered by Justice Carlyle, THE CITY OF DALLAS, TEXAS – Chief Justice Burns and Justice PARK MANOR, Appellee Garcia participating.

In accordance with this Court’s opinion of this date, we VACATE the trial court’s September 12, 2022 judgment and DISMISS the case.

Judgment entered this 28th day of December 2022.

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