TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-11-00461-CV

Zackery Phillips, Appellant v. Branch Banking and Trust Company, Appellee

FROM THE COUNTY COURT AT LAW NO. 4 OF WILLIAMSON COUNTY NO. 10-1637-CC4, HONORABLE JOHN MCMASTER, JUDGE PRESIDING

MEMORANDUM OPINION

In this forcible-detainer action, appellee Branch Banking and Trust Company has filed a motion to dismiss the appeal as moot. Branch Banking and Trust Company states that appellant Zackery Phillips failed to supersede the judgment, a writ of possession was issued, Phillips voluntarily vacated the subject property, and Branch Banking and Trust Company has had possession of the property since March 2, 2012. See Tex. Prop. Code Ann. § 24.007 (West Supp. 2012).

Branch Banking and Trust Company also certifies that the motion to dismiss is unopposed. See Marshall v. Housing Auth. of City of San Antonio, 198 S.W.3d 782, 787 (Tex. 2006) (appeal from forcible-detainer judgment when the defendant is no longer in possession of the premises is moot unless the defendant asserts a “potentially meritorious claim of right to current, actual possession”); Wilhelm v. Fannie Mae, 349 S.W.3d 766, 768 (Tex. App.—Houston [14th Dist.]

2011, no pet.) (same). Accordingly, we grant the motion and dismiss the appeal as moot.1

__________________________________________ Melissa Goodwin, Justice Before Chief Justice Jones, Justices Rose and Goodwin Dismissed as Moot Filed: September 20, 2012

Also pending before this Court is appellee’s motion for extension of time to file response brief. We also dismiss this motion as moot.