Gregory H. Reagan v. Ruby Hazel Morgan

• Court: Court of Appeals of Texas
• Decided: January 31, 2006
• Docket: 14-05-00558-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed January 31, 2006

Dismissed and Memorandum Opinion filed January 31, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00558-CV

GREGORY H. REAGAN, Appellant

V.

RUBY HAZEL MORGAN, Appellee

On Appeal from County Civil Court at Law No. 2

Harris County, Texas

Trial Court Cause No. 836,298

M E M O R A N D U M   O P I N I O N

This appeal is from a judgment signed May 20, 2005.  Gregory H. Reagan filed a notice of appeal from the trial court=s judgment granting Ruby Hazel Morgan possession of 2809 Thomas Avenue, his former residence.  On December 2, 2005, appellee filed a motion to dismiss the appeal on the grounds the case is moot.  See Tex. R. App. P. 42.3.  Because the question of possession is moot, we dismiss the appeal.

An action for forcible detainer is intended to be a summary, speedy, and inexpensive remedy.  See McGlothlin v. Kliebert, 672 S.W.2d 231, 232 (Tex.1984).  For that reason, a county court=s judgment may not be stayed pending appeal unless a supersedeas bond is filed by appellant within ten days of the judgment being signed.  Tex. Prop. Code Ann. ' 24.007 (Vernon 2000).  Otherwise, the judgment may not be stayed and the prevailing party may move to take possession.  See McCartney v. California Mortgage Serv., 951 S.W.2d 549, 550 (Tex.App.‑‑El Paso 1997, no writ).  Once this has occurred, the case becomes moot because a justiciable controversy must exist at every stage of the legal proceedings, including the appeal.  See Shelby Operating Co. v. City of Waskom, 964 S.W.2d 75, 81 (Tex.App.‑‑Texarkana 1997, pet. denied); Zimmerman v. Ottis, 941 S.W.2d 259, 263 (Tex.App.‑‑Corpus Christi 1996, no writ); James v. Hubbard, 21 S.W.3d 558, 560 (Tex.App.‑‑San Antonio 2000, no pet.).  We are prohibited from deciding moot controversies.  See National Collegiate Athletic Ass'n v. Jones, 1 S.W.3d 83, 86 (Tex.1999).

The record does not show Reagan filed a supersedeas bond.  On October 7, 2005, writ of possession was issued.  A certified copy of the officer=s return reflects Reagan voluntarily removed himself from the premises.  Accordingly, the case is moot.  See Kemper v. Stonegate Manor Apartments, Ltd., 29 S.W.3d 362, 363 (Tex.App.‑Beaumont 2000, no pet.).

We therefore grant appellee=s motion and order the appeal dismissed.

                                                                        PER CURIAM

Judgment rendered and Memorandum Opinion filed January 31, 2006.

Panel consists of Justices Fowler, Edelman, and Guzman.