Janine Charboneau v. F&M Properties, LLC ( 2023 )

VACATE and DISMISS and Opinion Filed August 15, 2023
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00336-CV
JANINE CHARBONEAU, Appellant
V.
F&M PROPERTIES, LLC, Appellee
On Appeal from the County Court at Law No. 3
Collin County, Texas
Trial Court Cause No. 003-00516-2023
MEMORANDUM OPINION
Before Justices Pedersen, III, Garcia, and Kennedy
Opinion by Justice Kennedy
The Court questioned its jurisdiction in the underlying forcible detainer
lawsuit because it appeared the case had become moot. See Olley v. HVM, LLC,
449 S.W.3d 572, 575 (Tex. App.—Houston [14th Dist.] 2014, pet. denied)
(appellate courts lack jurisdiction over moot controversies). We instructed
appellant to file, on or before July 17, 2023, a letter brief addressing the
jurisdictional issue and cautioned her that failure to do so may result in dismissal
without further notice. As of today’s date, appellant has not filed a letter brief.
In both the motion for new trial and the notice of appeal, appellant states that
a writ of possession has issued and she has been evicted from the property. See
Marshall v. Housing Auth. of City of San Antonio, 198 S.W.3d 782, 785, 787 (Tex.
2006) (only issue in forcible detainer action is possession, and issue becomes moot
when tenant vacates property unless tenant has “potentially meritorious claim of
right to current, actual possession”).
Appellant is no longer in possession of the property and she has failed to
demonstrate a potentially meritorious claim to actual possession. Accordingly, on
the record before us, we vacate the trial court’s March 13, 2023 order of dismissal
and dismiss the case as moot. See TEX. R. APP. P. 42.3(a); Marshall, 198 S.W.3d
at 790.
/Nancy Kennedy/
NANCY KENNEDY
JUSTICE
230336F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JANINE CHARBONEAU, Appellant On Appeal from the County Court at
Law No. 3, Collin County, Texas
No. 05-23-00336-CV V. Trial Court Cause No. 003-00516-
2023.
F&M PROPERTIES, LLC, Appellee Opinion delivered by Justice
Kennedy. Justices Pedersen, III and
Garcia participating.
In accordance with this Court’s opinion of this date, we VACATE the trial
court’s March 13, 2023 order of dismissal and dismiss the case.
Judgment entered August 15, 2023
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