Mark Muse v. Zhenyu Mao

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-21-00347-CV
___________________________
MARK MUSE, Appellant
V.
ZHENYU MAO, Appellee
On Appeal from County Court at Law No. 2
Denton County, Texas
Trial Court No. CV-2021-02902-JP
Before Wallach, J.; Sudderth, C.J.; and Walker, J.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Appellee Zhenyu Mao filed a forcible detainer suit against Appellant Mark
Muse “and All Occupants” seeking possession of the subject property and back rent.
After the trial court rendered a partial summary judgment for Mao on the possession
issue and the county clerk issued a writ of possession, Muse filed a notice of appeal.
On Muse’s motion, we stayed enforcement of the writ. We subsequently ordered Mao
to file a response to specific jurisdictional questions. Mao did not file a response, but
we have since received notice that the parties have reached a settlement agreement
and that Mao has nonsuited his claim against Muse.
A case becomes moot if a controversy ceases to exist between the parties.
Wilson v. Bluffs at Paradise Creek, No. 02-14-00196-CV, 2015 WL 9598921, at *1 (Tex.
App.—Fort Worth Dec. 31, 2015, pet. dism’d w.o.j.) (per curiam) (mem. op.) (citing
Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001)). Accordingly, because no present
controversy exists between the parties, we dismiss the appeal as moot. See Tex. R.
App. P. 42.3(a), 43.2(f). We lift the October 29, 2021 stay issued by this court.
Per Curiam
Delivered: March 10, 2022
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