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Carter v. Vill. Capital & Inv., LLC

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Apr 10, 2014
NO. 02-13-00395-CV (Tex. App. Apr. 10, 2014)

Opinion

NO. 02-13-00395-CV

04-10-2014

WALTER CARTER III APPELLANT v. VILLAGE CAPITAL & INVESTMENT, LLC APPELLEE


FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY


MEMORANDUM OPINION

Walter Carter III has appealed from the trial court's judgment awarding possession of real property to Village Capital & Investment, LLC in a forcible detainer suit. Village Capital has filed a motion to dismiss in which it claims that the appeal is moot because Carter did not supersede the judgment and a writ of possession has already been executed. Although this court requested that Carter respond to the motion, he has not done so.

An appeal in a forcible detainer action becomes moot upon execution of a writ of possession unless the defendant holds and asserts a meritorious claim of right to current, actual possession of the premises. Marshall v. Housing Auth. of San Antonio, 198 S.W.3d 782, 787-88 (Tex. 2006); Brewer v. Green Lizard Holdings, L.L.C., No. 02-13-00119-CV, 2013 WL 5303064, at *1 (Tex. App.—Fort Worth Sept. 19, 2013, no pet.) (mem. op.). Because we have not received any response showing that Carter holds and is asserting a meritorious claim as to current, actual possession of the premises, we grant Village Capital's motion and dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a); Marshall, 198 S.W.3d at 790; Wigenton v. Housing Auth. of City of Dallas, No. 05-13-01172-CV, 2014 WL 1018651, at *1 (Tex. App.—Dallas Mar. 17, 2014, no pet. h.) (mem. op.).

PER CURIAM PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.

See Tex. R. App. P. 47.4.


Summaries of

Carter v. Vill. Capital & Inv., LLC

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Apr 10, 2014
NO. 02-13-00395-CV (Tex. App. Apr. 10, 2014)
Case details for

Carter v. Vill. Capital & Inv., LLC

Case Details

Full title:WALTER CARTER III APPELLANT v. VILLAGE CAPITAL & INVESTMENT, LLC APPELLEE

Court:COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

Date published: Apr 10, 2014

Citations

NO. 02-13-00395-CV (Tex. App. Apr. 10, 2014)