Orlando King v. Chaparral Assets LLC ( 2018 )


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  • Vacate and Dismiss and Opinion Filed September 12, 2018
    S   In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-18-00419-CV
    ORLANDO KING, Appellant
    V.
    CHAPARRAL ASSETS, LLC, Appellee
    On Appeal from the County Court at Law No. 5
    Dallas County, Texas
    Trial Court Cause No. CC-18-01129-E
    MEMORANDUM OPINION
    Before Chief Justice Wright, Justice Evans, and Justice Brown
    Opinion by Chief Justice Wright
    This is an appeal from an order of possession in a forcible detainer suit. After reviewing
    the clerk’s record, we questioned our jurisdiction as 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 [14th Dist.] 2014, pet. denied). We directed appellant to file a letter
    brief addressing our concern and gave appellee an opportunity to respond. Although more than
    ten days have passed and we cautioned appellant the appeal could be dismissed without further
    notice if he failed to comply, appellant has not complied. Appellee, however, has filed a motion
    to dismiss and confirmed appellant is no longer in possession of the premises.
    The only issue in a forcible detainer suit is the right to possession of the
    premises. 
    Id. Unless an
    appellant has a potentially meritorious claim of right to current, actual
    possession, the issue of possession and case become moot when the appellant no longer has actual
    possession of the premises. See Marshall v. Hous. Auth. of City of San Antonio, 
    198 S.W.3d 782
    ,
    787, 790 (Tex. 2006). When a case becomes moot, an appellate court must vacate the trial court’s
    judgment and dismiss the case. See City of Dallas v. Woodfield, 
    305 S.W.3d 412
    , 416 (Tex.
    App.—Dallas 2010, no pet.); see also 
    Marshall, 198 S.W.3d at 790
    .
    We gave appellant an opportunity to demonstrate our jurisdiction over this appeal, but he
    failed to do so. Because nothing in the record before us shows appellant has a potentially
    meritorious claim of right to current, actual possession, we grant appellee’s motion, vacate the trial
    court’s judgment, and dismiss the case. See TEX. R. APP. P. 42.3(a),(c); 
    Marshall, 198 S.W.3d at 790
    .
    /Carolyn Wright/
    CAROLYN WRIGHT
    CHIEF JUSTICE
    180419F.P05
    –2–
    S
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    ORLANDO KING, Appellant                       On Appeal from the County Court at Law
    No. 5, Dallas County, Texas
    No. 05-18-00419-CV       V.                   Trial Court Cause No. CC-18-01129-E.
    Opinion delivered by Chief Justice Wright,
    CHAPARRAL ASSETS, LLC, Appellee               Justices Evans and Brown participating.
    In accordance with this Court’s opinion of this date, we VACATE the trial court’s
    judgment and DISMISS the case.
    Judgment entered September 12, 2018
    –3–
    

Document Info

Docket Number: 05-18-00419-CV

Filed Date: 9/12/2018

Precedential Status: Precedential

Modified Date: 9/13/2018