Opinion issued August 27, 2026
In The
Court of Appeals
For The
First District of Texas
NO. 01-26-00416-CV
BETSY BURNETT, Appellant
V.
YAMASA CO LTD, Appellee
On Appeal from the County Civil Court at Law No. 4
Harris County, Texas
Trial Court Case No. 1273899
MEMORANDUM OPINION
This appeal arises from a forcible detainer action brought by appellee Yamasa
Co Ltd against appellant Betsy Burnett. Appellant appealed the Justice Court’s
judgment to the County Court, which subsequently rendered a Final Judgment
(“judgment”) in favor of appellee awarding appellee possession of the subject property (“Property”) as well as damages and attorney’s fees. Appellant, proceeding
pro se, then appealed the County Court’s judgment to this Court.
As a threshold matter, we must consider whether the issue of possession has
become moot and thus whether we have subject-matter jurisdiction over this appeal.
Strange v. Deutsche Bank Nat’l Tr. Co. as Tr. for Registered Holders of Long Beach
Mortg. Loan Tr. 2004-4, Asset-Backed Certificates, Series 2004-4, No. 01-23-00575-CV, 2024 WL 1862860, at *3 (Tex. App.—Houston [1st Dist.] Apr. 30, 2024,
no pet.) (mem. op.) (appellate courts “lack subject matter jurisdiction to decide a
moot controversy”). After eviction, an appeal from a forcible entry and detainer
action becomes moot. Id. at *2, 5 (holding after eviction, appeal was moot and
dismissal warranted because appellate court lacked jurisdiction); De La Garza v.
Riverstone Apartments, No. 04-06-00732-CV, 2007 WL 3270769, at *1 (Tex.
App.—San Antonio Nov. 7, 2007, no pet.) (mem. op.) (same) (citing Marshall v.
Hous. Auth. of San Antonio, 198 S.W.3d 782, 787 (Tex. 2006)).
The record reflects that appellant is no longer in possession of the Property.
The clerk’s record indicates that the writ of possession was executed on April 28,
2026, during which time “it was discovered that [appellant] had already vacated the
premises.” See Holloway v. Revelstoke Venture, LLC, No. 02-23-00375-CV, 2024
WL 191221, at *2 (Tex. App.—Fort Worth Jan. 18, 2024, pet. denied) (mem. op.)
2
(dismissing appeal as moot where appellant no longer in possession of property and
did not raise meritorious claim of right to possession).
An evicted appellant may still pursue an appeal, however, if she advances “a
potentially meritorious claim of right to current, actual possession of the property.”
Strange, 2024 WL 1862860, at *4; see also Marshall, 198 S.W.3d at 787. Appellant
has not proffered any right to possession of the Property. On July 28, 2026, we
informed appellant that her appeal could be dismissed if she did not, within ten days
of our notice, file a response addressing whether the appeal should be dismissed as
moot. Appellant has not filed a response.
Because the issue of actual possession is moot and appellant has not raised
any potentially meritorious claim, we must dismiss the appeal and vacate the trial
court’s judgment as to possession. See Marshall, 198 S.W.3d at 785 (holding that
when appeal of forcible detainer action becomes moot, proper course is to dismiss
appeal and vacate lower court’s judgment of possession).
Although the issue of possession is moot, the trial court also awarded appellee
damages and attorney’s fees. A dispute over attorney’s fees is a live controversy that
may prevent an entire case from becoming moot. See Daftary v. Prestonwood Mkt.
Square, Ltd., 399 S.W.3d 708, 711–12 (Tex. App.—Dallas 2013, pet. denied)
(holding that even though issue of possession became moot when appellant vacated
3
property, “entire case was not moot because [appellant’s] claims for damages and
attorney’s fees continued to present live controversies”).
We dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a),
(c), 43.2(f). Because the issue of possession is moot, we also vacate the trial court’s
judgment in part as to the issue of possession.1 We dismiss any pending motions as
moot.
PER CURIAM
Panel consists of Justices Guerra, Gunn, and Morgan.
1
The remainder of the judgment including the award of damages and attorney’s fees
shall remain in place.
4