Opinion
05-23-00693-CV
01-30-2024
JOHN DOE AND JANE DOE, Appellant v. RESIDENTIAL HOMES OWNER I LLC, Appellee
On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-23-03115-D
Before Justices Carlyle, Goldstein, and Breedlove
MEMORANDUM OPINION
MARICELA BREEDLOVE, JUSTICE
We questioned our jurisdiction over this appeal from the trial court's judgment of possession in a forcible-detainer suit as it appeared the appeal had become moot. See 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). Specifically, the judgment granted appellee possession of the premises at issue, and the record reflected appellants were no longer in possession of the property. 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").
We directed appellants 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 appellants have not filed a letter brief or otherwise communicated with the Court. Accordingly, on the record before us, we vacate the trial court's judgment and dismiss the case as moot. See Tex. R. App. P. 42.3(a); Marshall, 198 S.W.3d at 790.
JUDGMENT
In accordance with this Court's opinion of this date, we DISMISS the appeal.
Judgment entered this 30th day of January, 2024.