Craig S. Pittman and Kelly K. Pittman v. JRMV Property Investments, LLC ( 2022 )

DISMISS and Opinion Filed December 20, 2022
In the
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-01192-CV
CRAIG S. PITTMAN AND KELLY K. PITTMAN, Appellants
V.
JRMV PROPERTY INVESTMENTS, LLC, Appellee
On Appeal from the County Court at Law No. 2
Dallas County, Texas
Trial Court Cause No. CC-22-03755-B
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Carlyle, and Justice Garcia
Opinion by Justice Carlyle
This is an appeal from a judgment in a forcible detainer lawsuit awarding
possession of the subject property to appellee. Before the Court is appellee’s motion
to dismiss the appeal as moot. Appellee recites in the motion that a writ of possession
was executed, and appellants 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. See 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.).
We gave appellants an opportunity to respond to appellee’s motion, but they
failed to do so. Because nothing in the record before us shows appellants have 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.
/Cory L. Carlyle//
221192f.p05 CORY L. CARLYLE
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
CRAIG S. PITTMAN AND KELLY On Appeal from the County Court at
K. PITTMAN, Appellants Law No. 2, Dallas County, Texas
Trial Court Cause No. CC-22-03755-
No. 05-22-01192-CV V. B.
Opinion delivered by Justice Carlyle.
JRMV PROPERTY Chief Justice Burns and Justice
INVESTMENTS, LLC, Appellee Garcia participating.
In accordance with this Court’s opinion of this date, we VACATE the trial
court’s October 28, 2022 judgment and DISMISS the case.
We ORDER that appellee JRMV PROPERTY INVESTMENTS, LLC
recover its costs of this appeal from appellants CRAIG S. PITTMAN AND KELLY
K. PITTMAN.
Judgment entered this 20th day of December 2022.
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