Opinion
05-22-00891-CV
12-28-2022
DANELDA AUSTIN, Appellant v. THE HOUSING AUTHORITY OF THE CITY OF DALLAS, TEXAS-PARK MANOR, Appellee
On Appeal from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-22-02671-B
Before Chief Justice Burns, Justice Carlyle, and Justice Garcia
MEMORANDUM OPINION
CORY L. CARLYLE, JUSTICE
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 The judgment was not superseded, and a writ of possession was served on appellant.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) (possession of premises is only issue in forcible detainer action; issue of possession 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).
By letter dated November 23, 2022, we directed appellant to file a letter brief addressing the Court's concern and cautioned that failure to comply by December 5, 2022 could result in dismissal of the case. To date, appellant has not filed a letter brief or otherwise communicated with the Court.
When, as here, a case becomes moot on appeal, the appellate court must set aside the trial court's judgment and dismiss the case. See Marshall, 198 S.W.3d at 785, 790. Accordingly, on the record before us, we vacate the trial court's final judgment of possession and dismiss the case as moot. See id. at 790.
JUDGMENT
Chief Justice Burns and Justice Garcia participating.
In accordance with this Court's opinion of this date, we VACATE the trial court's September 12, 2022 judgment and DISMISS the case.