Shawn Tremblay v. Simmon Bank, Trustee ( 2022 )

DISMISS and Opinion Filed May 4, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-01010-CV
SHAWN TREMBLAY, Appellant
V.
SIMMONS BANK, TRUSTEE OF THE RENEE LYNN TREBLAY TRUST
UNDER AGREEMENT DATED 2/3/2011, Appellee
On Appeal from the County Court at Law No. 1
Hunt County, Texas
Trial Court Cause No. CC2100383
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Goldstein
Opinion by Chief Justice Burns
Appellant appeals from the trial court’s judgment of possession in a forcible
detainer action. After reviewing the clerk’s record, we questioned our jurisdiction
and whether the appeal is now moot because a writ of possession has been executed
and appellant is no longer in possession of the property. See Olley v. HVM, LLC,
449 S.W.3d 572, 575 (Tex. App.—Houston [14th Dist.] 2014, pet. denied) (appellate
court lacks jurisdiction to consider moot controversies); Williams v. Lara, 52 S.W.3d
171, 184 (Tex. 2001) (case becomes moot if, at any stage of proceedings, a
controversy ceases to exist between parties). We directed appellant to file a letter
brief addressing our concern.
The only issue in a forcible detainer case is the right to actual possession of
property. See Marshall v. Housing Auth’y of City of San Antonio, 198 S.W.3d 782,
787 (Tex. 2006) (citing former Texas Rule of Civil Procedure 746, now Texas Rule
of Civil Procedure 510.3(e)). When a writ of possession has been executed
following the filing of an appeal and possession is no longer an issue, the appeal in
a forcible detainer case becomes moot and the appellate court lacks jurisdiction
unless the appellant holds and asserts a meritorious claim of right to current, actual
possession of the property or damages or attorney’s fees remain at issue. See Daftary
v. Prestonwood Mkt. Square, Ltd., 399 S.W.3d 708, 711 (Tex. App.—Dallas 2013,
pet. denied).
Although appellant filed a letter brief, nothing therein demonstrates the appeal
is not moot. We dismiss the appeal. See TEX. R. APP. P. 42.3(a).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
211010F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
SHAWN TREMBLAY, Appellant On Appeal from the County Court at
Law No. 1, Hunt County, Texas
No. 05-21-01010-CV V. Trial Court Cause No. CC2100383.
Opinion delivered by Chief Justice
SIMMONS BANK, TRUSTEE OF Burns. Justices Molberg and
THE RENEE LYNN TREMBLAY Goldstein participating.
TRUST UNDER AGREEMENT
DATED 2/3/2011, Appellee
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered May 4, 2022
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