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Clara Parrish v. U.S. Bank & Trust ( 2024 )


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  • DISMISS and Opinion Filed October 16, 2024
    S  In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-24-00347-CV
    CLARA PARRISH, Appellant
    V.
    U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER
    PARTICIPATION TRUST, Appellee
    On Appeal from the County Court at Law No. 1
    Dallas County, Texas
    Trial Court Cause No. CC-23-05201-A
    MEMORANDUM OPINION
    Before Justices Pedersen, III, Smith, and Garcia
    Opinion by Justice Smith
    This appeal in a forcible detainer suit follows the trial court’s final judgment
    awarding possession of certain property, but no damages, to appellee. Since the
    filing of the appeal, appellant has vacated the property, and appellee now moves to
    dismiss the appeal as moot. See Olley v. HVM, L.L.C., 
    449 S.W.3d 573
    , 575 (Tex.
    App.—Houston [14th Dist.] 2014, pet. denied) (appellate courts lack jurisdiction
    over moot controversies).
    It is well-settled that the only issue in a forcible detainer suit is the right to
    actual possession of the premises. See Marshall v. Housing Auth. of City of San
    Antonio, 
    198 S.W.3d 782
    , 785 (Tex. 2006). As such, when the tenant vacates the
    property, the issue of possession becomes moot unless the tenant asserts a potentially
    meritorious claim for right to current, actual possession of the property. See 
    id.
     at
    787 (citing Williams v. Lara, 
    52 S.W.3d 171
    , 184 (Tex. 2001)) (case becomes moot
    if controversy ceases to exist between parties). When the tenant vacates the property
    while the suit is on appeal and the judgment awards no damages, the entire case, and
    not just the issue of possession or appeal, becomes moot and the judgment must be
    vacated. See id. at 785.
    More than ten days have passed since appellee moved to dismiss the appeal,
    and appellant has not filed a response or otherwise disputed appellee’s contentions.
    Accordingly, with nothing before us showing appellant has a right to actual
    possession of the property, we grant appellee’s motion to the extent we vacate the
    judgment of possession and dismiss the case. See TEX. R. APP. P. 43.2(e); Marshall,
    198 S.W.3d at 785.
    /Craig Smith/
    CRAIG SMITH
    JUSTICE
    240347F.P05
    –2–
    S
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    CLARA PARRISH, Appellant                   On Appeal from the County Court at
    Law No. 1, Dallas County, Texas
    No. 05-24-00347-CV         V.              Trial Court Cause No. CC-23-05201-
    A.
    U.S. BANK TRUST, N.A., AS                  Opinion delivered by Justice Smith,
    TRUSTEE FOR LSF9 MASTER                    Justices Pedersen, III and Garcia
    PARTICIPATION TRUST, Appellee              participating.
    In accordance with this Court’s opinion of this date, we VACATE the trial
    court’s final judgment of possession and DISMISS the case.
    Judgment entered October 16, 2024
    –3–
    

Document Info

Docket Number: 05-24-00347-CV

Filed Date: 10/16/2024

Precedential Status: Precedential

Modified Date: 10/23/2024