Demetra Green v. the Housing Authority of the City of Dallas, Texas-Roseland Townhomes

Opinion

VACATE and DISMISS; and Opinion Filed August 27, 2019.

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-19-00665-CV

DEMETRA GREEN, Appellant

V.

THE HOUSING AUTHORITY OF THE CITY OF DALLAS, TEXAS-ROSELAND TOWNHOMES, Appellee

On Appeal from the County Court at Law No. 3 Dallas County, Texas

Trial Court Cause No. CC-19-01573-C

MEMORANDUM OPINION

Before Chief Justice Burns, Justice Molberg, and Justice Nowell Opinion by Justice Molberg This is an appeal from the county court at law’s order evicting Demetra Green from the

apartment she occupied. The Housing Authority of the City of Dallas, Texas-Roseland Townhomes filed the forcible detainer action in justice court and, after the justice court granted judgment of possession in favor of the Housing Authority, Green appealed to the county court at law. The county court found in favor of the Housing Authority and awarded costs; a writ of possession was served on Green on June 10, 2019. This appeal followed.

After the clerk’s record was filed, we questioned our jurisdiction. Specifically, we noted that if Green was no longer in possession of the premises, the appeal could be moot. See Olley v. HVM, LLC, 449 S.W.3d 572, 575 (Tex. App—Houston [14th Dist.] 2014, pet. denied) (appellate courts lack jurisdiction over moot controversies). We directed Green to file a letter brief

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addressing our concern no later than July 29, 2019 and cautioned that failure to comply could result in dismissal of the cause without further notice. See TEX. R. APP. P. 42.3(a),(c); Funds Recovery, 887 S.W.2d at 468. To date, Green has not responded.

The record shows Green is no longer in possession of the premises. Although the county court judgment awarded the Housing Authority costs, that alone does not present a controversy preventing dismissal of this case. See Marshall v. Hous. Auth. of City of San Antonio, 198 S.W.3d 782, 790 (Tex. 2006) (assessment of costs in judgment will be set aside with rest of judgment, leaving each party responsible for its own costs under civil procedure rule 127). Under these circumstances, we conclude this appeal is moot. As such, we have jurisdiction only to set aside the judgment and dismiss the cause. See id; Dallas County Appraisal Dist. v. Funds Recovery, Inc., 887 S.W.2d 465, 468 (Tex. App.—Dallas 1994, writ denied).

Accordingly, we vacate the county court’s May 31, 2019 judgment and dismiss the cause.

See Funds Recovery, 887 S.W.2d at 468.

/Ken Molberg/

KEN MOLBERG

JUSTICE

190665F.P05

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Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

DEMETRA GREEN, Appellant On Appeal from the County Court at Law No. 3, Dallas County, Texas No. 05-19-00665-CV V. Trial Court Cause No. CC-19-01573-C.

Opinion delivered by Justice Molberg, THE HOUSING AUTHORITY OF THE Chief Justice Burns and Justice Nowell CITY OF DALLAS, TEXAS-ROSELAND participating. TOWNHOMES, Appellee

In accordance with this Court’s opinion of this date, we VACATE the county court’s May 31, 2019 judgment and DISMISS the cause.

Judgment entered this 27th day of August, 2019.