Ollie M. Williams v. Select DV Group

• Court: Court of Appeals of Texas
• Decided: April 17, 2023
• Docket: 05-22-01163-CV
• Status: Published

Opinion

VACATE and DISMISS and Opinion Filed April 17, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-01163-CV

OLLIE M. WILLIAMS, Appellant V. SELECT DV GROUP, Appellee

On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-22-04075-C

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Goldstein Opinion by Chief Justice Burns This is an appeal from the trial court’s judgment of possession in a forcible-

detainer suit. The judgment was not superseded, and a writ of possession was served

on appellant. Because it appeared appellant was no longer in possession of the

property, and a forcible detainer action generally becomes moot when the tenant is

no longer in possession of the premises, we questioned our jurisdiction over the

appeal. See Marshall v. Housing Auth. of City of San Antonio, 198 S.W.3d 782, 785,

787 (Tex. 2006) (only issue in forcible detainer action is possession, and issue

becomes moot when tenant vacates property unless tenant has “potentially meritorious claim of right to current, actual possession”); Olley v. HVM, L.L.C., 449

S.W.3d 573, 575 (Tex. App.—Houston [14th Dist.] 2014, pet. denied) (appellate

courts lack jurisdiction over moot controversies). We directed appellant to file a

letter brief addressing the Court’s concern and noted that, if we determined we

lacked jurisdiction, we would set aside the trial court’s judgment and dismiss the

case. See Marshall, 198 S.W.3d at 785, 790 (when case becomes moot on appeal,

appellate court must set aside trial court judgment and dismiss case).

More than ten days have passed and appellant has not filed a letter brief or

otherwise communicated with the Court. Accordingly, as it appears on the record

before us that appellant is no longer in possession of the premises, we vacate the trial

court’s judgment and dismiss the case as moot. See id. at 790.

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

221163F.P05

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

OLLIE M. WILLIAMS, Appellant On Appeal from the County Court at Law No. 3, Dallas County, Texas No. 05-22-01163-CV V. Trial Court Cause No. CC-22-04075- C. SELECT DV GROUP, Appellee Opinion delivered by Chief Justice Burns, Justices Molberg and Goldstein participating.

In accordance with this Court’s opinion of this date, we VACATE the trial court’s judgment and DISMISS the case.

Judgment entered April 17, 2023.

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