MATEO ALVAREZ v. THE LAREDO NATIONAL BANK COMPASS BANK (2017)

MEMORANDUM OPINION

Appellant, Mateo Alvarez, appeals the trial court's judgment for possession entered against appellant in a forcible detainer suit. On August 30, 2017, appellee filed a motion to dismiss the appeal as moot, stating that appellant was removed from the property and appellee is now in possession of the property.

“The only issue in an action for forcible detainer is the right to actual possession of the premises, and the merits of title shall not be adjudicated.” Wilhelm v. Fannie Mae, 349 S.W.3d 766, 768 (Tex. App.—Houston [14th Dist.] 2011, no pet.) (citing Tex. R. Civ. P. 746; Marshall v. Housing Auth. of City of San Antonio, 198 S.W.3d 782, 785 (Tex. 2006)). Although the failure to supersede a forcible-detainer judgment does not divest a defendant of his right to appeal when the defendant is no longer in possession of the premises, an appeal from the judgment in that case is moot unless the defendant asserts a “potentially meritorious claim of right to current, actual possession.” Marshall, 198 S.W.3d at 787; Wilhelm, 349 S.W.3d at 768.

Appellant has not filed a response to the motion to dismiss. Absent any assertion of a potentially meritorious claim of right to current, actual possession, we GRANT appellee's motion and DISMISS the appeal as moot. See Marshall, 198 S.W.3d at 787; Wilhelm, 349 S.W.3d at 768.

NORA L. LONGORIA Justice