Opinion
No. 05-19-00749-CV
08-30-2019
CRYSTAL BROOKS, Appellant v. THE HOUSING AUTHORITY OF THE CITY OF DALLAS, TEXAS - KINGBRIDGE CROSSING, Appellee
On Appeal from the County Court at Law No. 3 Dallas County, Texas
Trial Court Cause No. CC-19-01606-C
MEMORANDUM OPINION
Before Justices Schenck, Osborne, and Reichek
Opinion by Justice Schenck
This is an appeal from a judgment of possession in a forcible detainer suit. Because a review of the clerk's record revealed a writ of possession had been served on appellant, it appeared appellant was no longer in possession of the premises and the appeal had become moot. See Olley v. HVM, L.L.C., 449 S.W.3d 572, 575 (Tex. App.—Houston [14th Dist.] 2014, pet. denied) (generally, appeal in forcible detainer action becomes moot when appellant is no longer in possession of premises).
We questioned our jurisdiction over the appeal and directed appellant to file, by August 19, 2019, a letter brief addressing our concern and cautioned her that failure to comply could result in dismissal of the appeal without further notice. As of today's date, appellant has not complied.
When, as here, an appeal has become moot, an appellate court must vacate the trial court's judgment and dismiss the case. See Marshall v. Housing Auth. of City of San Antonio, 198 S.W.3d 782, 785 (Tex. 2006). Accordingly, we vacate the trial court's judgment of possession and dismiss the case. See id.
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE 190749F.P05
JUDGMENT
On Appeal from the County Court at Law No. 3, Dallas County, Texas
Trial Court Cause No. CC-19-01606-C.
Opinion delivered by Justice Schenck. Justices Osborne and Reichek participating.
In accordance with this Court's opinion of this date, we VACATE the trial court's judgment and DISMISS the case. Judgment entered this 30th day of August, 2019.