Shawn Tremblay v. Simmon Bank, Trustee

Opinion

DISMISS and Opinion Filed May 4, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-01010-CV

SHAWN TREMBLAY, Appellant V. SIMMONS BANK, TRUSTEE OF THE RENEE LYNN TREBLAY TRUST UNDER AGREEMENT DATED 2/3/2011, Appellee

On Appeal from the County Court at Law No. 1 Hunt County, Texas Trial Court Cause No. CC2100383

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Goldstein Opinion by Chief Justice Burns Appellant appeals from the trial court’s judgment of possession in a forcible

detainer action. After reviewing the clerk’s record, we questioned our jurisdiction

and whether the appeal is now moot because a writ of possession has been executed

and appellant is no longer in possession of the property. See Olley v. HVM, LLC,

449 S.W.3d 572, 575 (Tex. App.—Houston [14th Dist.] 2014, pet. denied) (appellate

court lacks jurisdiction to consider moot controversies); Williams v. Lara, 52 S.W.3d

171, 184 (Tex. 2001) (case becomes moot if, at any stage of proceedings, a controversy ceases to exist between parties). We directed appellant to file a letter

brief addressing our concern.

The only issue in a forcible detainer case is the right to actual possession of

property. See Marshall v. Housing Auth’y of City of San Antonio, 198 S.W.3d 782,

787 (Tex. 2006) (citing former Texas Rule of Civil Procedure 746, now Texas Rule

of Civil Procedure 510.3(e)). When a writ of possession has been executed

following the filing of an appeal and possession is no longer an issue, the appeal in

a forcible detainer case becomes moot and the appellate court lacks jurisdiction

unless the appellant holds and asserts a meritorious claim of right to current, actual

possession of the property or damages or attorney’s fees remain at issue. See Daftary

v. Prestonwood Mkt. Square, Ltd., 399 S.W.3d 708, 711 (Tex. App.—Dallas 2013,

pet. denied).

Although appellant filed a letter brief, nothing therein demonstrates the appeal

is not moot. We dismiss the appeal. See TEX. R. APP. P. 42.3(a).

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

211010F.P05

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

SHAWN TREMBLAY, Appellant On Appeal from the County Court at Law No. 1, Hunt County, Texas No. 05-21-01010-CV V. Trial Court Cause No. CC2100383. Opinion delivered by Chief Justice SIMMONS BANK, TRUSTEE OF Burns. Justices Molberg and THE RENEE LYNN TREMBLAY Goldstein participating. TRUST UNDER AGREEMENT DATED 2/3/2011, Appellee

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

Judgment entered May 4, 2022

–3–