Cody Adams v. Brenda Adams

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-26-00175-CV
___________________________

CODY ADAMS, Appellant

V.

BRENDA ADAMS, Appellee

On Appeal from the County Court at Law No. 2
Wise County, Texas
Trial Court No. CV-9947

Before Sudderth, C.J.; Kerr and Birdwell, JJ.
Memorandum Opinion by Chief Justice Sudderth
MEMORANDUM OPINION

This eviction appeal is moot.

The sole issue in the trial court was the right to possession of a certain property

(the Property), and the trial court entered judgment evicting Appellant Cody Adams

and awarding possession to Appellee Brenda Adams.1 The trial court did not order

Appellant to pay rent, attorney’s fees, or any other amounts; again, the sole issue was

possession. Cf. Tex. R. Civ. P. 510.1 (authorizing certain claims for unpaid rent to be

joined with eviction lawsuits), 510.21 (authorizing parties to seek certain damages in

county court in eviction case). And although Appellant initially appealed the trial

court’s judgment, the sheriff subsequently executed a writ evicting Appellant from the

Property. See Tex. R. Civ. P. 510.23.

An eviction appeal becomes moot if (1) the appellant vacates the relevant

property; (2) no damages or attorney’s fees remain at issue; and (3) the appellant lacks

a meritorious claim of right to current, actual possession of the property. Sanchez v.

JXJ Homes, LLC, No. 02-26-00034-CV, 2026 WL 1355178, at *1 (Tex. App.—Fort

Worth May 14, 2026, no pet. h.) (mem. op.); see Marshall v. Hous. Auth. of City of San

Antonio, 198 S.W.3d 782, 785–90 (Tex. 2006). Here, (1) Appellant has been evicted

from the Property; (2) there are no damages or attorney’s fees at issue; and (3) nothing

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Although the eviction case was originally filed in a justice court, Appellant
appealed the justice court’s judgment to a county court at law, and that court entered
the judgment currently before us. See Tex. R. Civ. P. 510.19, 510.20.

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in the record indicates that Appellant has a meritorious claim of right to current

possession of the Property.

Accordingly, we notified Appellant that this case appeared moot and warned

that we would dismiss his appeal unless, within ten days, he filed a response showing

grounds for continuing it. See Tex. R. App. P. 42.3(a). More than a month has passed

since then, and Appellant has not responded.

We thus vacate the trial court’s judgment and dismiss the case as moot. See

Tex. R. App. P. 43.2(e); Marshall, 198 S.W.3d at 790 (vacating trial court’s judgment

and dismissing eviction case as moot); Sanchez, 2026 WL 1355178, at *1 (same).

/s/ Bonnie Sudderth

Bonnie Sudderth
Chief Justice

Delivered: June 11, 2026

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