Opinion
05-23-00999-CV
02-01-2024
MARIA ANTONIA PEÑA, Appellant v. JERRY APODACA, Appellee
On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-23-05260-C
Before Chief Justice Burns, Justice Pedersen, III, and Justice Goldstein
MEMORANDUM OPINION
ROBERT D. BURNS, III CHIEF 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 appellant was 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 appellant to file a letter brief addressing the Court's concern and noted that, if we determined we lacked jurisdiction or appellant failed to file a letter brief, we would set aside the trial court's judgment and dismiss the case. See id. 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 appellant has 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 id. at 790.
JUDGMENT
In accordance with this Court's opinion of this date, we DISMISS the appeal.