Matthew Andrew Garces v. 523 RE Group LLC

Opinion

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-25-00693-CV

Matthew Andrew GARCES,

Appellant

v.

523 RE GROUP LLC,

Appellee

From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2025-CV-06936 Honorable Cesar Garcia, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice Irene Rios, Justice

Velia J. Meza, Justice

Delivered and Filed: June 24, 2026 VACATED AND DISMISSED This is an appeal from a judgment awarding possession in a forcible detainer action. The issue of possession in a forcible detainer action becomes moot if the judgment is not superseded timely, the appellant is no longer in possession, and the appellant does not have a potentially meritorious claim of right to current, actual possession. See Wriston v. Hous. Auth. of the City of San Antonio, No. 04-24-00240-CV, 2024 WL 3280916, at *1 (Tex. App.—San Antonio July 3, 2024, no pet.) (mem. op.). If a case is moot, we must dismiss the case for lack of jurisdiction. See

04-25-00693-CV

Briones v. Brazos Bend Villa Apts., 438 S.W.3d 808, 812 (Tex. App.—Houston [14th Dist.] 2014, no pet.).

In this case, we issued a show cause order, noting a writ of possession had issued, and appellant had not filed a bond to supersede the judgment. We directed appellant to file a response explaining why this case should not be dismissed. Appellant, acting pro se, filed a brief, which we construe as his response, relating to the merits of the appeal. The response does not address the issue of whether this appeal is moot.

“Judgment of possession in a forcible detainer action is not intended to be a final determination of whether the eviction is wrongful; rather, it is a determination of the right to immediate possession.” Marshall v. Hous. Auth. of City of San Antonio, 198 S.W.3d 782, 787 (Tex. 2006). When the issue of possession becomes moot we will therefore “vacate the trial court’s judgment, and dismiss the case as moot.” Id. at 790.

Accordingly, we vacate the trial court’s judgment and dismiss the case as moot. See id.

PER CURIAM