Opinion
05-21-01010-CV
05-04-2022
SHAWN TREMBLAY, Appellant v. SIMMONS BANK, TRUSTEE OF THE RENEE LYNN TREBLAY TRUST
On Appeal from the County Court at Law No. 1 Hunt County, Texas Trial Court Cause No. CC2100383
Before Chief Justice Burns, Justice Molberg, and Justice Goldstein
MEMORANDUM OPINION
ROBERT D. BURNS, III, CHIEF JUSTICE
Appellant appeals from the trial court's judgment of possession in a forcible detainer action. After reviewing the clerk's record, we questioned our jurisdiction and whether the appeal is now moot because a writ of possession has been executed and appellant is no longer in possession of the property. See Olley v. HVM, LLC, 449 S.W.3d 572, 575 (Tex. App.-Houston [14th Dist.] 2014, pet. denied) (appellate court lacks jurisdiction to consider moot controversies); Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001) (case becomes moot if, at any stage of proceedings, a controversy ceases to exist between parties). We directed appellant to file a letter brief addressing our concern.
The only issue in a forcible detainer case is the right to actual possession of property. See Marshall v. Housing Auth'y of City of San Antonio, 198 S.W.3d 782, 787 (Tex. 2006) (citing former Texas Rule of Civil Procedure 746, now Texas Rule of Civil Procedure 510.3(e)). When a writ of possession has been executed following the filing of an appeal and possession is no longer an issue, the appeal in a forcible detainer case becomes moot and the appellate court lacks jurisdiction unless the appellant holds and asserts a meritorious claim of right to current, actual possession of the property or damages or attorney's fees remain at issue. See Daftary v. Prestonwood Mkt. Square, Ltd., 399 S.W.3d 708, 711 (Tex. App.-Dallas 2013, pet. denied).
Although appellant filed a letter brief, nothing therein demonstrates the appeal is not moot. We dismiss the appeal. See Tex. R. App. P. 42.3(a).
JUDGMENT
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
Judgment entered May 4, 2022