Sharon D. Lewis v. Ah4r1 Tx Dfw, Llc

DISMISS; and Opinion Filed December 31, 2013.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01058-CV
SHARON D. LEWIS AND ALL OTHER OCCUPANTS
OF 608 MULBERRY LANE, DESOTO, TEXAS 75115, Appellants
V.
AH4R1 TX DFW, LLC, Appellee
On Appeal from the County Court at Law No. 3
Dallas County, Texas
Trial Court Cause No. CC-13-01305-C
MEMORANDUM OPINION
Before Justices O’Neill, Myers, and Brown
Opinion by Justice O’Neill
In a letter dated December 10, 2013, the Court questioned its jurisdiction over this appeal
in a forcible detainer action. Specifically, it appears the appeal is moot because appellee now has
possession of the property. We instructed appellants to file, within ten days, a letter brief
explaining how this Court has jurisdiction. We cautioned appellants that failure to file a letter
brief within the time requested would result in dismissal of the appeal without further notice. As
of today’s date, appellants have not filed a jurisdictional brief.
A case becomes moot if, at any stage during the proceedings, a controversy ceases to
exist between the parties. See Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001). The purpose
of a forcible detainer action is to obtain immediate possession of property. See Scott v. Hewitt,
127 Tex. 31, 35, 90 S.W.2d 816, 818-19 (1936). A judgment of possession in a forcible detainer
action determines the right to immediate possession and is not intended to be a final
determination of whether the eviction is wrongful. See Marshall v. Housing Auth. of the City of
San Antonio, 198 S.W.3d 782, 787 (Tex. 2006).
In their unopposed motion to release the funds held as bond, 1 appellants informed the
Court that appellee is now in possession of the property. The issue of possession is no longer in
controversy. Accordingly we dismiss the appeal. See TEX. R. APP. P. 42.3(a).
/Michael J. O'Neill/
MICHAEL J. O’NEILL
JUSTICE
131058F.P05
1
In an order dated August 19, 2013, the Court granted appellants’ unopposed motion.
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
SHARON D. LEWIS AND ALL OTHER On Appeal from the County Court
OCCUPANTS OF 608 MULBERRY at Law No. 3, Dallas County, Texas.
LANE, DESOTO, TEXAS 75115, Trial Court Cause No. CC-13-01305-C.
Appellants Opinion delivered by Justice O’Neill.
Justices Myers and Brown, participating.
No. 05-13-01058-CV V.
AH4R1 TX DFW, LLC, Appellee
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee, AH4R1 TX DFW, LLC, recover its costs of this appeal
from appellants, SHARON D. LEWIS AND ALL OTHER OCCUPANTS OF 608 MULBERRY
LANE, DESOTO, TEXAS 75115.
Judgment entered this 31st day of December, 2013.
/Michael J. O'Neill/
MICHAEL J. O'NEILL
JUSTICE
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