Erica Lequet v. Corey Block

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-19-00426-CV __________________

ERICA LEQUET, Appellant

V.

COREY BLOCK, Appellee

__________________________________________________________________

On Appeal from the County Court at Law No. 1 Jefferson County, Texas Trial Cause No. 134534 __________________________________________________________________

MEMORANDUM OPINION

On October 23, 2019, the Justice of the Peace signed a judgment of eviction,

granting Appellee Corey Block immediate possession of the premises and $1,050 in

unpaid rent or other damages from Pro Se Appellant Erica Lequet. Lequet filed a

notice of appeal in the Justice Court. On November 13, 2019, the County Court at

Law No. 1 signed an Order on Writ of Possession and the county clerk issued a writ

of possession as directed by the order. On November 18, 2019, Lequet filed a notice

of appeal of the writ of possession.

1 The only issue in a forcible-detainer action is who has the right to actual

possession of the property. Marshall v. Hous. Auth. of City of San Antonio, 198

S.W.3d 782, 785 (Tex. 2006). A forcible-detainer appeal thus becomes moot upon

an appellant’s eviction from the property unless the appellant holds and asserts a

meritorious claim of the right to current, actual possession of the property or unless

damages or attorney’s fees remain at issue. Ratliff v. Homes by Ashley, Inc., No. 02-

20-00014-CV, 2020 Tex. App. LEXIS 1919, at *1-2 (Tex. App.—Fort Worth Mar.

5, 2020, no pet.) (mem. op.); see also Leal v. SF Revocable Living Trust, No. 09-15-

00254-CV, 2017 Tex. App. LEXIS 5755, at **5-8 (Tex. App.—Beaumont June 22,

2017, no pet.) (mem. op.). According to the appellate record, the appeal from the

County Court at Law No. 1 to this Court was on the issue of possession alone, Lequet

is no longer in possession of the premises, and the lease expired during the appeal.

On January 8, 2021, we notified the parties that it appears the appeal is moot,

and we would dismiss the appeal unless a response showing that the appeal was not

moot was filed before January 19, 2021. We received no response. Accordingly, we

dismiss the appeal.

APPEAL DISMISSED.

PER CURIAM

Submitted on October 20, 2020 Opinion Delivered February 11, 2021

Before Golemon, C.J., Kreger and Johnson, JJ. 2 3