Daniel Hernandez and All Other Occupants v. Wells Fargo Bank

Opinion

DISMISS; Opinion issued February 13, 2013

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01368-CV

DANIEL HERNANDEZ AND ALL OTHER OCCUPANTS, Appellants V. WELLS FARGO BANK, NA AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1998-3, Appellee

On Appeal from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-11-02876-A

MEMORANDUM OPINION Before Chief Justice Wright and Justices Lang-Miers and Lewis Opinion by Chief Justice Wright Before the Court is appellee’s motion to dismiss the appeal as moot. Appellants appeal

from the trial court’s judgment awarding possession of property to appellee. Appellee informs

the Court that it obtained a writ of possession and has been given possession of the property.

Appellants did not file a response to the motion to dismiss.

A case becomes moot if, at any stage during the proceedings, a controversy ceases to

exist between the parties. Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001). The purpose of a

forcible detainer action is to obtain immediate possession of property. See Scott v. Hewitt, 127

Tex. 31, 35, 90 S.W.2d 816, 818-19 (1936). A judgment of possession in a forcible detainer

action determines the right of immediate possession and is not intended to be a final determination of whether the eviction is wrongful. See Marshall v. Housing Auth. of the City of

San Antonio, 198 S.W.3d 782, 787 (Tex. 2006).

Appellants failed to supersede the trial court’s judgment. The judgment has been

executed on and appellee is now in possession of the property. The issue of possession is no

longer in controversy. Accordingly, we grant appellee’s motion and dismiss the appeal. See

Tex. R. App. P. 42.3(a).

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

121368F.P05

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

DANIEL HERNANDEZ AND ALL On Appeal from the County Court at Law OTHER OCCUPANTS, Appellants No. 1, Dallas County, Texas Trial Court Cause No. CC-11-02876-A. No. 05-12-01368-CV V. Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Lewis participating. WELLS FARGO BANK, NA AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1998-3, Appellee

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee, Wells Fargo Bank, NA as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 1998-3, recover its costs of the appeal from appellants, Daniel Hernandez and All Other Occupants.

Judgment entered February 13, 2013.