Demetra Green v. the Housing Authority of the City of Dallas, Texas-Roseland Townhomes ( 2019 )

VACATE and DISMISS; and Opinion Filed August 27, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00665-CV
DEMETRA GREEN, Appellant
V.
THE HOUSING AUTHORITY OF THE CITY OF DALLAS, TEXAS-ROSELAND
TOWNHOMES, Appellee
On Appeal from the County Court at Law No. 3
Dallas County, Texas
Trial Court Cause No. CC-19-01573-C
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Nowell
Opinion by Justice Molberg
This is an appeal from the county court at law’s order evicting Demetra Green from the
apartment she occupied. The Housing Authority of the City of Dallas, Texas-Roseland
Townhomes filed the forcible detainer action in justice court and, after the justice court granted
judgment of possession in favor of the Housing Authority, Green appealed to the county court at
law. The county court found in favor of the Housing Authority and awarded costs; a writ of
possession was served on Green on June 10, 2019. This appeal followed.
After the clerk’s record was filed, we questioned our jurisdiction. Specifically, we noted
that if Green was no longer in possession of the premises, the appeal could be moot. See Olley v.
HVM, LLC, 449 S.W.3d 572, 575 (Tex. App—Houston [14th Dist.] 2014, pet. denied) (appellate
courts lack jurisdiction over moot controversies). We directed Green to file a letter brief
addressing our concern no later than July 29, 2019 and cautioned that failure to comply could result
in dismissal of the cause without further notice. See TEX. R. APP. P. 42.3(a),(c); Funds Recovery,
887 S.W.2d at 468. To date, Green has not responded.
The record shows Green is no longer in possession of the premises. Although the county
court judgment awarded the Housing Authority costs, that alone does not present a controversy
preventing dismissal of this case. See Marshall v. Hous. Auth. of City of San Antonio, 198 S.W.3d
782, 790 (Tex. 2006) (assessment of costs in judgment will be set aside with rest of judgment,
leaving each party responsible for its own costs under civil procedure rule 127). Under these
circumstances, we conclude this appeal is moot. As such, we have jurisdiction only to set aside
the judgment and dismiss the cause. See id; Dallas County Appraisal Dist. v. Funds Recovery,
Inc., 887 S.W.2d 465, 468 (Tex. App.—Dallas 1994, writ denied).
Accordingly, we vacate the county court’s May 31, 2019 judgment and dismiss the cause.
See Funds Recovery, 887 S.W.2d at 468.
/Ken Molberg/
KEN MOLBERG
JUSTICE
190665F.P05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DEMETRA GREEN, Appellant On Appeal from the County Court at Law
No. 3, Dallas County, Texas
No. 05-19-00665-CV V. Trial Court Cause No. CC-19-01573-C.
Opinion delivered by Justice Molberg,
THE HOUSING AUTHORITY OF THE Chief Justice Burns and Justice Nowell
CITY OF DALLAS, TEXAS-ROSELAND participating.
TOWNHOMES, Appellee
In accordance with this Court’s opinion of this date, we VACATE the county court’s
May 31, 2019 judgment and DISMISS the cause.
Judgment entered this 27th day of August, 2019.
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