Mohammed S. Esmail v. Westward Square Apartments

• Court: Court of Appeals of Texas
• Decided: November 26, 2024
• Docket: 01-24-00547-CV
• Status: Published

Opinion

Opinion issued November 26, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00547-CV ——————————— MOHAMMED S. ESMAIL, Appellant V. WESTWARD SQUARE APARTMENTS, Appellee

On Appeal from the County Civil Court at Law No. 2 Harris County, Texas Trial Court Case No. 1228439

MEMORANDUM OPINION

Appellant filed a motion to dismiss his appeal on the ground that the appeal is

moot. No response was filed by appellee. We grant the motion and dismiss.

Appellant states that he had vacated the premises and therefore his appeal is

moot. “The only issue in a forcible detainer action is the right to actual possession of the premises.” Marshall v. Housing Auth. of City of San Antonio, 198 S.W.3d

782, 785 (Tex. 2006). Although a case typically becomes moot when a judgment

debtor voluntarily satisfies the judgment, an appellant’s action in giving up

possession does not moot the appeal as long as appellant “held and asserted a

potentially meritorious claim of right to current, actual possession of the apartment.”

Id. at 787. But, if appellant’s lease has expired and he “presents no basis for claiming

a right to possession after that date,” then the issue of possession was moot as of the

date of lease expiration. See id.

According to appellant’s lease in the clerk’s record, her lease expired on

August 6, 2024. Appellant has not offered any claim for a right to possession after

August 6, 2024. Thus, the appeal is moot. See id.

We grant appellant’s motion and dismiss the appeal. See TEX. R. APP. P.

42.1(a); 43.2(f). Any other pending motions are dismissed as moot.

PER CURIAM Panel consists of Justices Kelly, Hightower, and Guerra.