Wendell Tyler v. Creekside Village Apartments

• Court: Court of Appeals of Texas
• Decided: April 19, 2023
• Docket: 05-22-00987-CV
• Status: Published

Opinion

VACATE and DISMISS and Opinion Filed April 19, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00987-CV

WENDELL TYLER, Appellant V. CREEKSIDE VILLAGE APARTMENTS, Appellee

On Appeal from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-22-03764-A

MEMORANDUM OPINION Before Justices Molberg, Reichek, and Breedlove Opinion by Justice Molberg This is an appeal from the trial court’s final 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 The judgment was not superseded, and a writ of possession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

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.

/Ken Molberg/ KEN MOLBERG JUSTICE

220987F.P05

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

WENDELL TYLER, Appellant On Appeal from the County Court at Law No. 1, Dallas County, Texas No. 05-22-00987-CV V. Trial Court Cause No. CC-22-03764- A. CREEKSIDE VILLAGE Opinion delivered by Justice APARTMENTS, Appellee Molberg, Justices Reichek and Breedlove participating.

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

Judgment entered April 19, 2023.

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