Larry Davis v. Crest at Park Central

Opinion

DISMISS; and Opinion Filed July 9, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01300-CV

LARRY DAVIS, Appellant V. CREST AT PARK CENTRAL, Appellee

On Appeal from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-18-05139-B

MEMORANDUM OPINION Before Justices Bridges, Brown, and Nowell Opinion by Justice Brown Appellant appeals from the trial court’s October 24, 2018 order setting the supersedeas

bond in a forcible detainer case.1 Typically, we would treat this appeal as a motion to review the

amount of the supersedeas bond. However, as detailed below, this issue is now moot.

After reviewing the clerk’s record, the Court instructed appellant to file, by May 28,

2019, a letter brief addressing our jurisdiction over this appeal. We cautioned appellant that

failure to comply may result in dismissal of the appeal without further notice. As of today’s

date, appellant has not filed a response.

The trial court signed the judgment in the underlying forcible detainer case on October

18, 2018. A judgment in a forcible detainer case may not be stayed under any circumstances unless 1 On October 18, 2018, the trial court signed a final judgment in the underlying forcible detainer case. Appellant timely appealed that judgment, and it was assigned appellate cause number 05-18-01299-CV. That appeal remains pending. the appellant files a supersedeas bond in the amount set by the trial court within ten days of the date

the judgment is signed. See TEX. PROP. CODE ANN. § 24.007. Because the underlying forcible

detainer judgment can no longer be stayed, review of the order setting the bond is now moot.

See Nat’l Collegiate Athletic Ass’n v. Jones, 1 S.W.3d 83, 86 (Tex. 1999) (appellate court cannot

decide moot controversy). Accordingly, we dismiss this appeal for want of jurisdiction. See

TEX. R. APP. P. 42.3(a).

/Ada Brown/ ADA BROWN JUSTICE

181300F.P05

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

LARRY DAVIS, Appellant On Appeal from the County Court at Law No. 2, Dallas County, Texas No. 05-18-01300-CV V. Trial Court Cause No. CC-18-05139-B. Opinion delivered by Justice Brown. Justices CREST AT PARK CENTRAL, Appellee Bridges and Nowell participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee CREST AT PARK CENTRAL recover its costs of this appeal from appellant LARRY DAVIS.

Judgment entered this 9th day of July, 2019.

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