Gregory Carl Morse and All Other Occupants of 223 High Point Drive, Murphy, TX 75094 v. Federal National Mortgage Association (Fannie Mae), a Corporation Organized and Existing Under the Laws of the United States of America ( 2019 )

VACATE and DISMISS; and Opinion Filed February 1, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00999-CV
GREGORY CARL MORSE AND ALL OTHER OCCUPANTS OF 223 HIGH POINT
DRIVE, MURPHY, TX 75094, Appellant
V.
FEDERAL NATIONAL MORTGAGE ASSOCIATION (FANNIE MAE), A
CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE
UNITED STATES OF AMERICA, Appellee
On Appeal from the County Court at Law No. 4
Collin County, Texas
Trial Court Cause No. 004-00127-2017
MEMORANDUM OPINION
Before Justices Whitehill, Molberg, and Reichek
Opinion by Justice Molberg
This is an appeal from a judgment in a forcible detainer suit awarding appellee possession
of the property located at 223 High Point Drive in Murphy, Texas. Before the Court is appellee’s
January 9, 2019 motion to dismiss the appeal as moot. Appellee recites in the motion that a writ
of possession was executed, and appellant and the other occupants are no longer in possession of
the property.
The only issue in a forcible detainer suit is the right to immediate possession of the
premises. Olley v. HVM, L.L.C., 449 S.W.3d 572, 575 (Tex. App.—Houston [14th Dist.] 2014,
pet. denied). Unless an appellant has a potentially meritorious claim of right to current, actual
possession, the issue of possession and the case become moot when the appellant is no longer in
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 on appeal, 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 respond to appellee’s motion, 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 of the property, we grant appellee’s motion, vacate the trial
court’s judgment, and dismiss the case. See TEX. R. APP. P. 42.3(a); Marshall, 198 S.W.3d at 790.
/Ken Molberg/
KEN MOLBERG
JUSTICE
180999F.P05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
GREGORY CARL MORSE AND ALL On Appeal from the County Court at Law
OTHER OCCUPANTS OF 223 HIGH No. 4, Collin County, Texas
POINT DRIVE, MURPHY, TX 75094, Trial Court Cause No. 004-00127-2017.
Appellant Opinion delivered by Justice Molberg,
Justices Whitehill and Reichek
No. 05-18-00999-CV V. participating.
FEDERAL NATIONAL MORTGAGE
ASSOCIATION (FANNIE MAE), A
CORPORATION ORGANIZED AND
EXISTING UNDER THE LAWS OF THE
UNITED STATES OF AMERICA,
Appellee
In accordance with the Court’s opinion of this date, we VACATE the trial court’s judgment
and DISMISS the case.
Judgment entered this 1st day of February, 2019.
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