Jennifer Holloway v. Guild Mortgage Company, a California Corporation

Opinion

DISMISS and Opinion Filed February 6, 2020

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-19-00491-CV

JENNIFER HOLLOWAY, Appellant V.

GUILD MORTGAGE COMPANY, A CALIFORNIA CORPORATION, Appellee

On Appeal from the County Court at Law No. 2 Dallas County, Texas

Trial Court Cause No. CC-19-02027-B

MEMORANDUM OPINION

Before Justices Bridges, Molberg, and Carlyle Opinion by Justice Bridges This appeal challenges the trial court’s judgment of eviction. Appellee owned the house

at issue at the time of judgment but has since sold it. Asserting the appeal has become moot as a

result, appellee has filed a motion to dismiss the appeal. See Heckman v. Williamson Cty., 369

S.W.3d 137, 162 (court cannot decide case that has become moot). Although more than ten days

have passed since the motion was filed, appellant has not filed a response.

The sole issue in an eviction suit is the right to actual possession of the premises. See Rice

v. Pinney, 51 S.W.3d 705, 709 (Tex. App.—Dallas 2001, no pet.). Because appellee no longer

owns the subject property, it no longer has a right to its possession and a justiciable controversy

between the parties no longer exists. When a justiciable controversy between parties in a case

ceases to exist, the case becomes moot. See Heckman, 369 S.W.3d at 162. Accordingly, we grant

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appellee’s motion and dismiss the appeal. See TEX. R. APP. P. 42.3(a); Heckman, 369 S.W.3d at

162.

/David L. Bridges/ DAVID L. BRIDGES JUSTICE

190491F.P05

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S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

JENNIFER HOLLOWAY, Appellant On Appeal from the County Court at Law No. 2, Dallas County, Texas No. 05-19-00491-CV V. Trial Court Cause No. CC-19-02027-B.

Opinion delivered by Justice Bridges, GUILD MORTGAGE COMPANY, A Justices Whitehill and Carlyle participating. CALIFORNIA CORPORATION, Appellee

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

Judgment entered February 6, 2020.