Jashon Page and Micheal Page v. Cerberus SFR Holdings, L.P. ( 2019 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-19-00059-CV
___________________________
JASHON PAGE AND MICHEAL PAGE, Appellants
V.
CERBERUS SFR HOLDINGS, L.P., Appellee
On Appeal from County Court at Law No. 1
Tarrant County, Texas
Trial Court No. 2018-008835-1
Before Sudderth, C.J.; Gabriel and Womack, JJ.
Memorandum Opinion by Justice Womack
MEMORANDUM OPINION
In this forcible detainer case, appellants Jashon Page and Micheal Page filed
their notice of appeal on February 22, 2019. After this court learned that the
constable had executed the writ of possession on March 11, 2019, and turned
possession of the premises at issue in this case over to appellee, we informed the
Pages that this court was concerned that this appeal was now moot and that we lacked
jurisdiction over the appeal. See Daftary v. Prestonwood Mkt. Square, Ltd., 399 S.W.3d
708, 711 (Tex. App.—Dallas 2013, pet. denied) (holding that a forcible detainer case
becomes moot upon appellant’s loss of property unless appellant holds and asserts a
meritorious claim of right to current, actual possession); see also Marshall v. Hous. Auth.
of City of San Antonio, 198 S.W.3d 782, 787 (Tex. 2006) (reasoning that when a case
becomes moot on appeal, a reviewing court must dismiss the appeal).
We further informed the Pages that unless they or any party desiring to
continue the appeal filed with this court on or before July 29, 2019, a response
showing grounds for continuing the appeal, we could dismiss the appeal for want of
jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f), 44.3. No response was filed.
According, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a),
(c), 43.2(f).
Dana Womack
Justice
Delivered: August 29, 2019
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