Unreported / Non-Citable
Background
Margaret Moloney, acting for Ella Jean McCullough and Craig McCullough, brought an eviction proceeding against Angela Groves Johnson. The justice court ordered Johnson evicted and awarded possession of the property to Moloney.
Johnson appealed to the County Court at Law No. 5 of Nueces County, which affirmed the justice court’s judgment. Johnson, proceeding without counsel, then appealed to the Thirteenth Court of Appeals.
On August 11, 2026, the court of appeals notified the parties that the appeal appeared moot and warned that it would dismiss the appeal unless a response establishing grounds to continue was filed within ten days. Neither party responded.
The Court’s Holding
The court explained that a forcible-detainer appeal becomes moot when the appellant no longer possesses the property, unless the appellant asserts a meritorious claim to a current right of actual possession. A moot appeal must be dismissed.
Because no party responded to the court’s mootness notice or otherwise showed grounds for continuing the appeal, the court affirmed the county court’s judgment, dismissed the appeal under Texas Rule of Appellate Procedure 42.3(c), and denied all pending motions.
Key Takeaways
- A forcible-detainer appeal generally becomes moot once the appellant no longer possesses the property.
- An appellant may avoid mootness by asserting a meritorious claim to a current right of actual possession.
- Failure to respond to an appellate court’s order or clerk’s notice requiring action within a specified time can support dismissal under Texas Rule of Appellate Procedure 42.3(c).
Why It Matters
The decision underscores that an eviction appellant must establish an ongoing controversy over present possession and must respond promptly when an appellate court questions jurisdiction or mootness.
It also illustrates that ignoring a court-issued response deadline can independently lead to dismissal, leaving the underlying eviction judgment intact.