the Housing Authority of the City of Dallas Texas v. Schevonne L. Bluitt Hechavarria All Occupants

DISMISS; Opinion Filed February 4, 2014.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-01609-CV
THE HOUSING AUTHORITY OF THE CITY OF DALLAS, TEXAS, Appellant
V.
SCHEVONNE L. BLUITT HECHAVARRIA AND ALL OCCUPANTS, Appellees
On Appeal from the County Court at Law No. 2
Dallas County, Texas
Trial Court Cause No. CC-12-04107-B
MEMORANDUM OPINION
Before Justices O'Neill, Myers, and Brown
Opinion by Justice Myers
The Housing Authority of the City of Dallas, Texas appeals the take-nothing judgment
rendered against it in its suit for forcible detainer and unpaid rent against Schevonne L. Bluitt
Hechavarria and all occupants. On December 5, 2013, Dallas County Court at Law No. 4, in
cause number CC-13-05074-D, signed an order providing that the parties had agreed that a writ
of possession may issue to the Dallas Housing Authority for the property at issue, that
Hechavarria and all occupants had agreed to vacate the property before the writ of possession
took effect, and that the parties had agreed to the dismissal of this appeal. Despite this order,
appellant did not file a motion to dismiss this appeal as required by the order. On January 7,
2014, we notified the parties that it appeared this appeal was now moot, and we requested the
parties to file responses by January 20, 2014 explaining why this Court retains jurisdiction over
this appeal. As of this date, neither party has filed a response. We conclude this appeal is moot.
See Marshall v. Housing Auth. of City of San Antonio, 198 S.W.3d 782, 787 (Tex. 2006)
(surrendering possession of property moots appeal in forcible detainer case when lessee has no
potential claim to current, actual possession of property); In re Merrill Lynch, Pierce, Fenner &
Smith, Inc., 195 S.W.3d 807, 817 (Tex. App.—Dallas 2006, orig. proceeding) (settlement of
claims moots those claims on appeal).
We dismiss this appeal as moot.
/Lana Myers/
LANA MYERS
121609F.P05 JUSTICE
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT NUNC PRO TUNC
THE HOUSING AUTHORITY OF THE On Appeal from the County Court at Law
CITY OF DALLAS, TEXAS, Appellant No. 2, Dallas County, Texas
Trial Court Cause No. CC-12-04107-B.
No. 05-12-01609-CV V. Opinion delivered by Justice Myers.
Justices O'Neill and Brown participating.
SCHEVONNE L. BLUITT
HECHAVARRIA AND ALL
OCCUPANTS, Appellees
In accordance with this Court’s opinion of February 4, 2014, this appeal is DISMISSED
as moot.
It is ORDERED that appellees SCHEVONNE L. BLUITT HECHAVARRIA AND ALL
OCCUPANTS recover their costs of this appeal from appellant THE HOUSING AUTHORITY
OF THE CITY OF DALLAS, TEXAS.
Judgment entered this 4th day of February, 2014.
/Lana Myers/
LANA MYERS
JUSTICE
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