Douglas Emery Adams v. Catamount Properties 2018, LLC

DISMISS and Opinion Filed August 25, 2023
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00340-CV
DOUGLAS EMERY ADAMS, Appellant
V.
CATAMOUNT PROPERTIES 2018, LLC, Appellee
On Appeal from the County Court at Law No. 3
Collin County, Texas
Trial Court Cause No. 003-00817-2023
MEMORANDUM OPINION
Before Justices Pedersen, III, Garcia, and Kennedy
Opinion by Justice Garcia
This is an appeal from an order in a forcible detainer lawsuit awarding
possession of the subject property to appellee. Before the Court is appellee’s
motion to dismiss the appeal as moot. Appellee recites in the motion that a writ of
possession was served, and appellant is no longer in possession of the property.
The only issue in a forcible detainer suit is the right to immediate possession
of the premises. See Olley v. HVM, L.L.C., 449 S.W.3d 572, 575 (Tex. App.—
Houston [14th Dist.] 2014, pet. denied). Unless an appellant has a potentially
meritorious claim of right to current, actual possession, the issue of possession and
the case become moot when the appellant is no longer in possession of the
premises. See Marshall v. Hous. Auth. of City of San Antonio, 198 S.W.3d 782,
787, 790 (Tex. 2006). When a case becomes moot on appeal, an appellate court
must vacate the trial court's judgment and dismiss the case. See City of Dallas v.
Woodfield, 305 S.W.3d 412, 416 (Tex. App.—Dallas 2010, no pet.).
More than ten days have passed since appellee filed its motion to dismiss
and appellant has not filed a response. Because nothing in the record before us
shows appellant has a potentially meritorious claim of right to current, actual
possession of the property, we grant appellee’s motion, vacate the trial court’s
April 6, 2023 judgment, and dismiss the case. See TEX. R. APP. P. 42.3(a);
Marshall, 198 S.W.3d at 790.
/Dennise Garcia/
DENNISE GARCIA
JUSTICE
230340F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DOUGLAS EMERY ADAMS, On Appeal from the County Court at
Appellant Law No. 3, Collin County, Texas
Trial Court Cause No. 003-00817-
No. 05-23-00340-CV V. 2023.
Opinion delivered by Justice Garcia.
CATAMOUNT PROPERTIES 2018, Justices Pedersen, III and Kennedy
LLC, Appellee participating.
In accordance with this Court’s opinion of this date, we VACATE the trial
court’s April 6, 2023 judgment and DISMISS the case.
We ORDER that appellee CATAMOUNT PROPERTIES 2018, LLC
recover its costs of this appeal from appellant DOUGLAS EMERY ADAMS.
Judgment entered August 25, 2023
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