Opinion
No. 05-15-00590-CV
01-14-2016
TROY HEIFNER, Appellant v. MARION NIXON, AS INDEPENDENT EXECUTOR OF THE ESTATE OF BILLIE DEAN HEIFNER, Appellee
On Appeal from the County Court at Law Rockwall County, Texas
Trial Court Cause No. CI-14-082
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Lang-Miers and Stoddart
Opinion by Chief Justice Wright
This is an appeal in a forcible detainer action. Before the Court is appellee's motion to dismiss this appeal. Appellee contends the appeal should be dismissed as moot because appellant is no longer in possession of the property. Appellant filed a response to appellee's motion.
A case becomes moot if, at any stage during the proceedings, a controversy ceases to exist between the parties. See Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001). When an issue on appeal becomes moot, we lose subject matter jurisdiction. See Valley Baptist Med. Ctr. v. Gonzalez, 33 S.W.3d 821, 822 (Tex. 2000) (stating that courts have no jurisdiction over mooted controversies because they cannot issue advisory opinions).
The purpose of a forcible detainer action is to obtain immediate possession of property. See Scott v. Hewitt, 127 Tex. 31, 35, 90 S.W.2d 816, 818-19 (1936). A judgment of possession in a forcible detainer action determines the right to immediate possession and is not intended to be a final determination of whether the eviction is wrongful. See Marshall v. Housing Auth. of the City of San Antonio, 198 S.W.3d 782, 787 (Tex. 2006).
The trial court awarded possession of the property to appellee. The trial court did not award any monetary damages or attorney's fees. Appellant vacated the property before the writ of execution issued. The property has been sold. In his response, appellant does not dispute that he vacated the property although he contends he did not do so voluntarily. Appellant informs the Court that he has pending claims in the probate court regarding ownership of the property and alleged breach of fiduciary duties by appellee in seeking and obtaining exclusive possession of the property. Appellant is no longer in possession of the property. Possession is the sole issue in this appeal and the other matters pending before the probate court do not change the fact that the matter before this Court is now moot.
Because the issue of possession is no longer in controversy, this appeal is moot. Accordingly we grant appellee's motion and dismiss the appeal. See Tex. R. App. P. 42.3(a). 150590F.P05
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
JUDGMENT
On Appeal from the County Court at Law, Rockwall County, Texas.
Trial Court Cause No. CI-14-082.
Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Stoddart participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee MARION NIXON, AS INDEPENDENT EXECUTOR OF ESTATE OF BILLIE DEAN HEIFNER, recover her costs of this appeal from appellant TROY HEIFNER. Judgment entered January 14, 2016.