Torrin Williams v. Capital Fund Reit LLC

Appeal Dismissed and Memorandum Opinion filed April 4, 2024.

In The

Fourteenth Court of Appeals

NO. 14-23-00708-CV

TORRIN WILLIAMS, Appellant

V.
CAPITAL FUND REIT LLC, Appellee

On Appeal from the County Civil Court at Law No. 2
Harris County, Texas
Trial Court Cause No. 1205916

MEMORANDUM OPINION

This is an appeal from a forceable-detainer action brought by appellee
Capital Fund REIT LLC, for the property located at 5657 Flack Drive, Houston,
Texas 77081 (“Property”). On September 19, 2023, the county civil court at law
signed a final judgment in favor of appellee. That judgment awarded appellee
possession of the Property. Appellant Torrin Williams did not file a supersedeas
bond on or before October 26, 2023.1

Appellee moves this court to dismiss appellant’s appeal on the grounds that
the subject of the appeal has become moot. On October 26, 2023, entry was made
on to the property, and appellant was removed from the premises. The mootness
doctrine limits courts to deciding cases in which an actual controversy exists. See
F.D.I.C. v. Nueces Cnty., 886 S.W.2d 766, 767 (Tex. 1994). An issue becomes
moot when (1) it appears that one seeks to obtain a judgment on some controversy,
which in reality does not exist, or (2) when one seeks a judgment on some matter
which, when rendered for any reason, cannot have any practical legal effect on a
then-existing controversy. Alsobrook v. MTGLQ Invs., LP, 657 S.W.3d 327, 330
(Tex. App. — Dallas 2021), aff'd as modified, 656 S.W.3d 394 (Tex. 2022). A case
becomes moot if there ceases to be a justiciable controversy between the parties,
such as when “the issues presented are no longer ‘live.’” Heckman v. Williamson
Cty., 369 S.W.3d 137, 162 (Tex. 2012). Appellant’s case has become moot and
must be dismissed.

CONCLUSION

Appellant is no longer in possession of the Property, and appellant does not
assert a potentially meritorious claim of right to current or actual possession of the
Property. No controversy remains between the parties and, as such, this appeal is
moot. Accordingly, we dismiss the appeal for want of subject-matter jurisdiction
without reaching the merits.

PER CURIAM

Panel Consists of Justices Bourliot, Zimmerer, and Spain.

1
In the county civil court at law, the defendant was Torrin Williams as Manager for
Farmhouse Realty Partners LLC. The notice of appeal identified appellant merely as Torrin
Williams.

2