Leal v. SF Revocable Living Tr. I

2 Citing cases

  1. Lequet v. Block

    NO. 09-19-00426-CV (Tex. App. Feb. 11, 2021)

    A forcible-detainer appeal thus becomes moot upon an appellant's eviction from the property unless the appellant holds and asserts a meritorious claim of the right to current, actual possession of the property or unless damages or attorney's fees remain at issue. Ratliff v. Homes by Ashley, Inc., No. 02-20-00014-CV, 2020 Tex. App. LEXIS 1919, at *1-2 (Tex. App.—Fort Worth Mar. 5, 2020, no pet.) (mem. op.); see also Leal v. SF Revocable Living Trust, No. 09-15-00254-CV, 2017 Tex. App. LEXIS 5755, at **5-8 (Tex. App.—Beaumont June 22, 2017, no pet.) (mem. op.). According to the appellate record, the appeal from the County Court at Law No. 1 to this Court was on the issue of possession alone, Lequet is no longer in possession of the premises, and the lease expired during the appeal.

  2. Ingram v. Barragan

    No. 04-17-00311-CV (Tex. App. Aug. 8, 2018)

    The record does not reflect that Ingram ever requested that the trial court set a bond amount, but, in any event, this issue is also moot. See Leal v. SF Revocable Living Trust I, No. 09-15-00254-CV, 2017 WL 2687506, at *3 (Tex. App.—Beaumont June 22, 2017, no pet.) (mem. op.) (holding that because appeal is moot, court of appeals may not consider complaint on appeal that trial court failed to set supersedeas bond); see also Usatequi v. Meller, No. 04-05-00324-CV, 2006 WL 166436, at *2 (Tex. App.—San Antonio Jan. 25, 2006, no pet.) (mem. op.) (holding appeal moot because tenant did not supersede judgment and was evicted even though trial court did not set supersedeas bond). Even where the issue of possession is moot, however, we may review issues independent of possession, such as issues related to a claim for unpaid rent.