Douglas Emery Adams v. Catamount Properties 2018, LLC

• Court: Court of Appeals of Texas
• Decided: August 25, 2023
• Docket: 05-23-00340-CV
• Status: Published

Opinion

DISMISS and Opinion Filed August 25, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00340-CV

DOUGLAS EMERY ADAMS, Appellant V. CATAMOUNT PROPERTIES 2018, LLC, Appellee

On Appeal from the County Court at Law No. 3 Collin County, Texas Trial Court Cause No. 003-00817-2023

MEMORANDUM OPINION Before Justices Pedersen, III, Garcia, and Kennedy Opinion by Justice Garcia This is an appeal from an order 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 served, and appellant is 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.).

More than ten days have passed since appellee filed its motion to dismiss

and appellant has not filed a response. Because nothing in the record before us

shows appellant has a potentially meritorious claim of right to current, actual

possession of the property, we grant appellee’s motion, vacate the trial court’s

April 6, 2023 judgment, and dismiss the case. See TEX. R. APP. P. 42.3(a);

Marshall, 198 S.W.3d at 790.

/Dennise Garcia/ DENNISE GARCIA JUSTICE

230340F.P05

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

DOUGLAS EMERY ADAMS, On Appeal from the County Court at Appellant Law No. 3, Collin County, Texas Trial Court Cause No. 003-00817- No. 05-23-00340-CV V. 2023. Opinion delivered by Justice Garcia. CATAMOUNT PROPERTIES 2018, Justices Pedersen, III and Kennedy LLC, Appellee participating.

In accordance with this Court’s opinion of this date, we VACATE the trial court’s April 6, 2023 judgment and DISMISS the case.

We ORDER that appellee CATAMOUNT PROPERTIES 2018, LLC recover its costs of this appeal from appellant DOUGLAS EMERY ADAMS.

Judgment entered August 25, 2023

–3–