Opinion
No. 05-17-01450-CV
03-27-2019
THEODIST R. THOMAS, Appellant v. C & C RESIDENTIAL PROPERTIES, Appellee
On Appeal from the County Court at Law No. 3 Dallas County, Texas
Trial Court Cause No. CC-17-06257-C
MEMORANDUM OPINION
Before Justices Brown, Schenck, and Pedersen, III
Opinion by Justice Schenck
Before the Court is appellee's March 9, 2019 agreed motion to dismiss appeal as moot. In its motion, appellee states the parties have entered into an agreement whereby appellant voluntarily vacated the property that is the subject of this forcible detainer case. The only issue in an action for forcible detainer is the right to actual possession of the premises. Williams v. Bank of New York Mellon, 315 S.W.3d 925, 927 (Tex. App.—Dallas 2010, no pet.). Accordingly, due to the parties' agreement, no controversy exists between the parties as to the right of current possession, and the issue of possession is moot. See Marshall v. Housing Auth. of City of San Antonio, 198 S.W.3d 782, 787 (Tex. 2006). Therefore, we grant the motion and dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). We order each party to bear its own cost, if any, of this appeal.
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE 171450F.P05
JUDGMENT
On Appeal from the County Court at Law No. 3, Dallas County, Texas
Trial Court Cause No. CC-17-06257-C.
Opinion delivered by Justice Schenck. Justices Brown and Pedersen, III participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that each party bear its own costs of this appeal. Judgment entered this 27th day of March 2019.