Summary
holding that once a tenant was removed from the premises, the tenant's appeal of the forcible detainer action was rendered moot because the court could no longer grant effectual relief
Summary of this case from Marshall v. Housing Auth. City San AntonioOpinion
No. 06-03-00157-CV.
Submitted: March 8, 2004.
Decided: March 9, 2004.
On Appeal from the County Court at Law Bowie County, Texas, Trial Court No. 03C1490-CCL.
Before MORRISS, C.J., ROSS and CARTER, JJ.
MEMORANDUM OPINION
The Housing Authority of the City of New Boston, appellee, has filed a motion in which it asks this Court to dismiss the appeal of Barry Alexander and Gwen Conkleton. The Housing Authority states the appellants failed to file a supersedeas bond within ten days of the signing of the judgment, that a writ of possession was issued November 25, 2003, and that Alexander and Conkleton were removed from the premises December 8, 2003. We requested a response from the appellants. They have not responded.
Under the circumstances as set out, this Court cannot grant effectual relief and there remains no justiciable issue for us to review. Kemper v. Stonegate Manor Apartments, Ltd., 29 S.W.3d 362, 363 (Tex. App.-Beaumont 2000, pet. dism'd w.o.j.).
We dismiss the appeal.