Joyce Ann Gray and All Occupants of 1504 Wyndmere Drive, DeSoto TX 75115 Aubrey Gray El Bey v. Nationstar Mortgage D/B/A Mr. Cooper ( 2020 )

Judgment Vacated and Case Dismissed; Opinion Filed March 31, 2020
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00948-CV
JOYCE ANN GRAY, Appellant
V.
NATIONSTAR MORTGAGE D/B/A MR. COOPER, Appellee
On Appeal from the County Court at Law No. 2
Dallas County, Texas
Trial Court Cause No. CC-19-03758-B
MEMORANDUM OPINION
Before Justices Myers, Whitehill, and Pedersen, III
Opinion by Justice Myers
This is an appeal from the trial court’s judgment of possession in a forcible
detainer suit. Before the Court is appellee’s motion to dismiss the appeal as moot
because appellant has been evicted from the property. Appellant did not file a
response.
The issue in an eviction suit is the right to actual possession of the premises.
Once a tenant has vacated or been evicted from the property, no justiciable
controversy exists, and the appeal is moot. See Olley v. HVM, L.L.C., 449 S.W.3d
572, 576–77 (Tex. App.—Houston [14th Dist.] 2014, pet. denied). When an appeal
has become moot, an appellate court must vacate the trial court’s judgment and
dismiss the case. See Marshall v. Housing Auth. of City of San Antonio, 198 S.W.3d
782, 785 (Tex. 2006).
Appellant is no longer in possession of the property and this appeal is now
moot. Accordingly, we grant appellee’s motion, vacate the trial court’s judgment of
possession, and dismiss the case. See id.
/Lana Myers
LANA MYERS
JUSTICE
190948F.P05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JOYCE ANN GRAY, Appellant On Appeal from the County Court at Law
No. 2, Dallas County, Texas
No. 05-19-00948-CV V. Trial Court Cause No. CC-19-03758-B.
Opinion delivered by Justice Myers.
NATIONSTAR MORTGAGE D/B/A MR. Justices Whitehill and Pedersen, III
COOPER, Appellee participating.
In accordance with this Court’s opinion of this date, the trial court’s judgment dated July
18, 2019 is VACATED and the case is DISMISSED.
It is ORDERED that appellee NATIONSTAR MORTGAGE D/B/A MR. COOPER
recover its costs of this appeal from appellant JOYCE ANN GRAY.
Judgment entered this 31st day of March, 2020.
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