Oscar Harris and Eva Harris v. Secretary of the U.S. Department of Veterans Affairs

• Court: Texas Court of Appeals, 3rd District (Austin)
• Decided: April 16, 2026
• Docket: 03-26-00210-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-26-00210-CV

Oscar Harris and Eva Harris, Appellants

v.

Secretary of the U.S. Department of Veterans Affairs, Appellee

FROM THE COUNTY COURT AT LAW NO. 1 OF BELL COUNTY NO. 26CCV00016, THE HONORABLE PAUL A. MOTZ, JUDGE PRESIDING

MEMORANDUM OPINION

This is an appeal in an eviction suit. Appellee initiated the suit to recover

possession of the premises. The trial court rendered judgment in Appellee’s favor. The court in

its judgment provided for the issuance of a writ of possession of the premises and set a statutorily

required amount for the relevant supersedeas bond. See Tex. Prop. Code § 24.007. Nothing before

us indicates that the judgment of possession was ever superseded by the provision of the required

supersedeas bond. See id.

Appellee now moves for dismissal of this appeal as moot and represents that as a

result of execution on the writ of possession, Appellee obtained possession of the premises. We

asked for a response to Appellee’s motion to dismiss by April 3, 2026, but no response has

been filed. For the reasons given by Appellee, this appeal is now moot. See Wilder v. MWS

Cap., LLC, No. 03-18-00195-CV, 2018 WL 6072263, at *1–2 (Tex. App.—Austin Nov. 21, 2018,

pet. denied) (mem. op.). We thus dismiss this appeal.

__________________________________________ Chari L. Kelly, Justice

Before Justices Triana, Kelly, and Ellis

Dismissed as Moot

Filed: April 16, 2026