CourtListener 10856917•Michelle Booker v. Carolyn Wilson Booker
Full text
Opinion issued May 5, 2026
In The
Court of Appeals
For The
First District of Texas
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NO. 01-25-00731-CV
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MICHELLE BOOKER, Appellant
V.
CAROLYN WILSON BOOKER, Appellee
On Appeal from the County Civil Court at Law No. 4
Harris County, Texas
Trial Court Case No. 1256649
MEMORANDUM OPINION
In this forcible-detainer action, appellant Michelle Booker appeals from the
county court’s judgment granting possession of certain real property to appellee,
Carolyn Booker. We dismiss the appeal as moot.
The only issue in a forcible-detainer action is the right to actual possession of
the subject property; “the merits of title shall not be adjudicated.” TEX. R. CIV. P.
510.3(e); see Wilhelm v. Fed. Nat. Mortg. Ass’n, 349 S.W.3d 766, 768 (Tex. App.—
Houston [14th Dist.] 2011, no pet.). An appeal from a forcible-detainer action
becomes moot if the appellant is no longer in possession of the property, unless the
appellant holds and asserts “a potentially meritorious claim of right to current, actual
possession” of the property. Marshall v. Hous. Auth. of the City of San Antonio, 198
S.W.3d 782, 786–87 (Tex. 2006); see Wilhelm, 349 S.W.3d at 768; Gallien v. Fed.
Home Loan Mortg. Corp., No. 01-07-00075-CV, 2008 WL 4670465, at *2–4 (Tex.
App.—Houston [1st Dist.] Oct. 23, 2008, pet. dism’d w.o.j.) (mem. op.). We lack
jurisdiction to decide moot controversies. See Guillen v. U.S. Bank, N.A., 494
S.W.3d 861, 864–65 (Tex. App.—Houston [14th Dist.] 2016, no pet.).
The parties’ filings indicated that appellant no longer possessed the disputed
property. On March 3, 2026, this Court notified appellant that the appeal would be
dismissed absent a response asserting a potentially meritorious claim of current,
actual possession, and ordered a special clerk’s record containing the executed writ
of possession. The trial court clerk filed the executed writ, and appellant’s response
failed to assert a potentially meritorious claim of a right to current, actual possession.
Accordingly, we vacate the county court’s judgment and dismiss the case as
moot. See Marshall, 198 S.W.3d at 785, 787, 790 (when case becomes moot on
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appeal, appellate court must set aside trial court judgment and dismiss case);
Wilhelm, 349 S.W.3d at 769; Bey v. ASD Fin., Inc., No. 05-14-00534-CV, 2014 WL
4180933, at *1 (Tex. App.—Dallas Aug. 11, 2014, no pet.) (mem. op.) (dismissing
appeal of forcible detainer action as moot because appellant no longer possessed
property at issue); TEX. R. APP. P. 42.3(a). We dismiss all other pending motions as
moot.
PER CURIAM
Panel consists of Chief Justice Adams and Justices Guerra and Guiney.
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