COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-13-00395-CV

WALTER CARTER III APPELLANT V. VILLAGE CAPITAL & APPELLEE INVESTMENT, LLC

---------- FROM COUNTY COURT AT LAW NO. 1 OF TARRANT COUNTY ---------- MEMORANDUM OPINION 1 ---------- Walter Carter III has appealed from the trial court’s judgment awarding possession of real property to Village Capital & Investment, LLC in a forcible detainer suit. Village Capital has filed a motion to dismiss in which it claims that the appeal is moot because Carter did not supersede the judgment and a writ of

See Tex. R. App. P. 47.4. possession has already been executed. Although this court requested that Carter respond to the motion, he has not done so. An appeal in a forcible detainer action becomes moot upon execution of a writ of possession unless the defendant holds and asserts a meritorious claim of right to current, actual possession of the premises. Marshall v. Housing Auth. of San Antonio, 198 S.W.3d 782, 787–88 (Tex. 2006); Brewer v. Green Lizard Holdings, L.L.C., No. 02-13-00119-CV, 2013 WL 5303064, at *1 (Tex. App.–– Fort Worth Sept. 19, 2013, no pet.) (mem. op.). Because we have not received any response showing that Carter holds and is asserting a meritorious claim as to current, actual possession of the premises, we grant Village Capital’s motion and dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a); Marshall, 198 S.W.3d at 790; Wigenton v. Housing Auth. of City of Dallas, No. 05-13-01172-CV, 2014 WL 1018651, at *1 (Tex. App.––Dallas Mar. 17, 2014, no pet. h.) (mem. op.).

PER CURIAM PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.

DELIVERED: April 10, 2014