Opinion
NO. 02-13-00437-CV
04-24-2014
LARRY STILLWELL AND/OR ALL OTHER OCCUPANTS OF 11829 COTTONTAIL DRIVE, FORT WORTH, TEXAS 76248 APPELLANT v. AH4R I TX, LLC APPELLEE
FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY
MEMORANDUM OPINION
This is an appeal from the trial court's judgment awarding possession of real property to AH4R I TX, LLC in a forcible detainer suit. In a motion for extension of time to file a brief, appellant informed this court that he had already vacated the premises at issue. This court informed appellant that it appeared that the appeal is now moot and could be dismissed for want of jurisdiction unless he, or any other party, filed a response showing otherwise. We have not received a response.
An appeal in a forcible detainer action becomes moot when the appellant ceases to have actual possession of the property unless the appellant holds and asserts a meritorious claim of right to current, actual possession of the premises. Marshall v. Housing Auth. of San Antonio, 198 S.W.3d 782, 787-88 (Tex. 2006); Brewerv. Green Lizard Holdings, L.L.C., No. 02-13-00119-CV, 2013 WL 5303064, at *1 (Tex. App.—Fort Worth Sept. 19, 2013, no pet.) (mem. op.). Because we have not received any response showing that appellant holds and is asserting a meritorious claim as to current, actual possession of the premises, we dismiss the appeal as moot. See Tex. R. App. P. 42.3(a); Marshall, 198 S.W.3d at 790; Wigenton v. Housing Auth. of City of Dallas, No. 05-13-01172-CV, 2014 WL 1018651, at *1 (Tex. App.—Dallas Mar. 17, 2014, no pet. h.) (mem. op.). For the same reason, we need not rule on appellant's motion to extend the time to file a brief.
PER CURIAM PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.
See Tex. R. App. P. 47.4.