Jonesv.Willems

Court of Appeals Fifth District of Texas at DallasJun 7, 2019
No. 05-18-01191-CV (Tex. App. Jun. 7, 2019)

No. 05-18-01191-CV

06-07-2019

JULIE JONES, Appellant v. DAN WILLEMS, Appellee


On Appeal from the County Court at Law No. 5 Dallas County, Texas
Trial Court Cause No. CC-18-04952-E

MEMORANDUM OPINION

Before Justices Bridges, Brown, and Nowell
Opinion by Justice Nowell

This is an appeal from a judgment of possession in a forcible detainer suit. Because a review of the clerk's record revealed a writ of possession had been served on appellant, it appeared appellant was no longer in possession of the premises and the appeal had become moot. See Olley v. HVM, LLC, 449 S.W.3d 572, 575 (Tex. App.—Houston [14 Dist.] 2014, pet. denied) (generally, appeal in forcible detainer action becomes moot when appellant is no longer in possession of premises). We questioned our jurisdiction over the appeal and directed appellant to file a letter brief addressing our concern. See id. (appellate courts lack jurisdiction over moot controversies). Although we cautioned appellant that failure to comply could result in dismissal of the appeal without further notice, more than a month has passed and appellant has not responded. See Tex. R. App. P. 42.3(a),(c).

When, as here, an appeal has become moot, an appellate court must vacate the trial court's judgment and dismiss the case. See Marshall v. Hous. Auth. of City of San Antonio, 198 S.W.3d 782, 785 (Tex. 2006). Accordingly, we vacate the trial court's judgment of possession and dismiss the case. See id.

/Erin A. Nowell/


ERIN A. NOWELL


JUSTICE 181191F.P05

JUDGMENT

On Appeal from the County Court at Law No. 5, Dallas County, Texas
Trial Court Cause No. CC-18-04952-E.
Opinion delivered by Justice Nowell, Justices Bridges and Brown participating.

In accordance with this Court's opinion of this date, we VACATE the trial court's judgment and DISMSS the case. Judgment entered this 7 day of June, 2019.