Julie Jones v. Dan Willems

DISMISSED; Opinion Filed June 7, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01191-CV
JULIE JONES, Appellant
V.
DAN WILLEMS, Appellee
On Appeal from the County Court at Law No. 5
Dallas County, Texas
Trial Court Cause No. CC-18-04952-E
MEMORANDUM OPINION
Before Justices Bridges, Brown, and Nowell
Opinion by Justice Nowell
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, LLC, 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 a letter brief addressing our concern. See id. (appellate courts lack jurisdiction over moot
controversies). Although we cautioned appellant that failure to comply could result in dismissal
of the appeal without further notice, more than a month has passed and appellant has not
responded. See Tex. R. App. P. 42.3(a),(c).
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. Hous. 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.
/Erin A. Nowell/
ERIN A. NOWELL
JUSTICE
181191F.P05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JULIE JONES, Appellant On Appeal from the County Court at Law
No. 5, Dallas County, Texas
No. 05-18-01191-CV V. Trial Court Cause No. CC-18-04952-E.
Opinion delivered by Justice Nowell,
DAN WILLEMS, Appellee Justices Bridges and Brown participating.
In accordance with this Court’s opinion of this date, we VACATE the trial court’s
judgment and DISMSS the case.
Judgment entered this 7th day of June, 2019.
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