Conisha Butler and Jahmon S. Butler v. Theda Butler
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledSeptember 23, 2026
Docket01-26-00894-CV
StatusPublished
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Full Opinion
Opinion issued September 23, 2026
In The
Court of Appeals
For The
First District of Texas
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NO. 01-26-00894-CV
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CONISHA BUTLER AND JAHMON S. BUTLER, Appellants
V.
THEDA BUTLER, Appellee
On Appeal from the County Civil Court at Law No. 2
Harris County, Texas
Trial Court Cause No. 1283493
MEMORANDUM OPINION
In this forcible detainer action, appellants Conisha Butler and Jahmon S.
Butler, proceeding pro se, filed a notice of appeal from the trial court’s Final
Judgment. On September 9, 2026, appellants filed a motion to “dismiss case as
moot” asserting that they “have vacated the premises and no longer seek present
possession,” and requesting that “the Court vacate the underlying . . . judgment and
dismiss the case as moot.” Appellant further requested “prompt issuance of the
Court’s mandate or other appropriate instructions so that the trial court may address
release of the $800 held in its registry.” See TEX. R. APP. P. 18.1(c) (authorizing
court to issue mandate early “if the parties so agree, or for good cause on the motion
of a party”). No other party has filed a notice of appeal, and no opinion has issued.
See TEX. R. APP. P. 42.1(a)(1), (c).
Accordingly, we grant the motion, dismiss the appeal, vacate the trial court’s
judgment of possession, and dismiss the case as moot. See Marshall v. Hous. Auth.
of San Antonio, 198 S.W.3d 782, 785 (Tex. 2006) (holding that when appeal of
forcible detainer action becomes moot, proper course is to dismiss appeal and vacate
lower court’s judgment of possession)). See TEX. R. APP. P. 42.1(a)(1), 43.2(e), (f).
We dismiss any other pending motions as moot. We direct the Clerk of this Court to
issue the mandate immediately. See TEX. R. APP. P. 18.1(c).
PER CURIAM
Panel consists of Justices Caughey, Morgan, and Dokupil.
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