Crystal Brooks v. the Housing Authority of the City of Dallas, Texas-KingBridge Crossing

VACATE and DISMISS; and Opinion Filed August 30, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00749-CV
CRYSTAL BROOKS, Appellant
V.
THE HOUSING AUTHORITY OF THE CITY OF DALLAS, TEXAS -
KINGBRIDGE CROSSING, Appellee
On Appeal from the County Court at Law No. 3
Dallas County, Texas
Trial Court Cause No. CC-19-01606-C
MEMORANDUM OPINION
Before Justices Schenck, Osborne, and Reichek
Opinion by Justice Schenck
This is an appeal from a judgment of possession in a forcible detainer suit. Because a
review of the clerk's record revealed a writ of possession had been served on appellant, it
appeared appellant was no longer in possession of the premises and the appeal had become
moot. See Olley v. HVM, L.L.C., 449 S.W.3d 572, 575 (Tex. App.—Houston [14th Dist.] 2014,
pet. denied) (generally, appeal in forcible detainer action becomes moot when appellant is no
longer in possession of premises).
We questioned our jurisdiction over the appeal and directed appellant to file, by August
19, 2019, a letter brief addressing our concern and cautioned her that failure to comply could
result in dismissal of the appeal without further notice. As of today’s date, appellant has not
complied.
When, as here, an appeal has become moot, an appellate court must vacate the trial
court’s judgment and dismiss the case. See Marshall v. Housing Auth. of City of San Antonio,
198 S.W.3d 782, 785 (Tex. 2006). Accordingly, we vacate the trial court’s judgment
of possession and dismiss the case. See id.
/David J. Schenck/
DAVID J. SCHENCK
JUSTICE
190749F.P05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
CRYSTAL BROOKS, Appellant On Appeal from the County Court at Law
No. 3, Dallas County, Texas
No. 05-19-00749-CV V. Trial Court Cause No. CC-19-01606-C.
Opinion delivered by Justice Schenck.
THE HOUSING AUTHORITY OF THE Justices Osborne and Reichek participating.
CITY OF DALLAS, TEXAS-
KINGBRIDGE CROSSING, Appellee
In accordance with this Court’s opinion of this date, we VACATE the trial court’s
judgment and DISMISS the case.
Judgment entered this 30th day of August, 2019.
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