Pamela D. Turner v. American Homes 4 Rent Properties Two LLC, a Delaware Limited Liability Company ( 2014 )

DISMISS and Opinion Filed August 7, 2014
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-14-00253-CV
PAMELA D. TURNER, Appellant
V.
AMERICAN HOMES 4 RENT PROPERTIES TWO, LLC,
A DELAWARE LIMITED LIABILITY COMPANY, Appellee
On Appeal from the County Court at Law No. 3
Dallas County, Texas
Trial Court Cause No. CC-13-07075-C
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Lang-Miers and Brown
Opinion by Chief Justice Wright
Before the Court is appellee’s motion to dismiss the appeal. This is an appeal from a
forcible detainer action. Appellee has informed the Court that the writ of possession was
executed and it now has possession of the property. Because appellee is now in possession of the
property, it contends the appeal should be dismissed as moot. Appellant did not file a response
to appellee’s motion to dismiss.
A case becomes moot if, at any stage during the proceedings, a controversy ceases to
exist between the parties. See Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001). The purpose
of a forcible detainer action is to obtain immediate possession of property. See Scott v. Hewitt,
127 Tex. 31, 35, 90 S.W.2d 816, 818-19 (1936). A judgment of possession in a forcible detainer
action determines the right to immediate possession and is not intended to be a final
determination of whether the eviction is wrongful. See Marshall v. Housing Auth. of the City of
San Antonio, 198 S.W.3d 782, 787 (Tex. 2006).
Appellee now has possession of the property. Because the issue of possession is no
longer in controversy, we grant appellee’s motion and dismiss the appeal. See TEX. R. APP. P.
42.3(a).
140253F.P05 /Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
PAMELA D. TURNER, Appellant On Appeal from the County Court at
Law No. 3, Dallas County, Texas.
No. 05-14-00253-CV V. Trial Court Cause No. CC-13-07075-C.
Opinion delivered by Chief Justice Wright.
AMERICAN HOMES 4 RENT Justices Lang-Miers and Brown,
PROPERTIES TWO, LLC, A DELAWARE participating.
LIMITED LIABILITY COMPANY,
Appellee
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee, AMERICAN HOMES 4 RENT PROPERTIES TWO,
LLC, A DELAWARE LIMITED LIABILITY COMPANY, recover its costs of this appeal from
appellant, PAMELA D. TURNER.
Judgment entered August 7, 2014
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