Rashad Brazier v. Tarrant Equity LLC
CourtTexas Court of Appeals, 2nd District (Fort Worth)
Date FiledJune 25, 2026
Docket02-26-00126-CV
StatusPublished
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Full Opinion
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-26-00126-CV
___________________________
RASHAD BRAZIER, Appellant
V.
TARRANT EQUITY LLC, Appellee
On Appeal from County Court at Law No. 1
Tarrant County, Texas
Trial Court No. 2026-000757-1
Before Birdwell, Bassel, and Womack, JJ.
Per Curiam Memorandum Opinion
MEMORANDUM OPINION
Appellant Rashad Brazier, proceeding pro se, attempts to appeal the trial
court’s judgment in a forcible detainer suit in which the trial court ordered that
Appellee Tarrant Equity LLC was entitled to possession of certain real property in
Tarrant County. However, it has come to this court’s attention that the writ of
possession issued in this case was executed on March 19, 2026—after Brazier filed his
notice of appeal—and that Brazier is therefore no longer in actual possession of the
property at issue in this appeal.
A case becomes moot if, at any stage of the proceedings, a controversy ceases
to exist between the parties. See Marshall v. Hous. Auth. of City of San Antonio, 198
S.W.3d 782, 787 (Tex. 2006); Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001). An
appeal in a forcible detainer case becomes moot when the appellant vacates the
property unless the appellant holds and asserts a meritorious claim of right to current,
actual possession of the property. See Marshall, 198 S.W.3d at 787. When a case
becomes moot on appeal, we must dismiss the case. See id. at 790.
We notified Brazier that we were concerned that this appeal should be
dismissed because it appears to be moot. We warned him that this appeal could be
dismissed for want of jurisdiction unless he filed a response showing grounds for
continuing the appeal. See Tex. R. App. P. 42.3(a), 44.3. Brazier filed a response, but it
does not show grounds for continuing the appeal. Rather, Brazier concedes that he is
no longer in possession of the property at issue in this appeal.
2
Because Brazier is no longer in possession of the property and because he has
not demonstrated that he holds a meritorious claim of right to current, actual
possession, we vacate the trial court’s judgment and dismiss this appeal as moot. See
Tex. R. App. P. 43.2(e); Marshall, 198 S.W.3d at 785; Johnson v. Seattle Bank, No. 02-25-
00278-CV, 2025 WL 2989768, at *1 (Tex. App.—Fort Worth Oct. 23, 2025, no pet.)
(vacating judgment and dismissing appeal as moot because appellant was no longer in
possession of property and had not presented any other basis for claiming right to
current, actual possession). 1
Per Curiam
Delivered: June 25, 2026
1
Brazier has filed several pro se motions throughout the pendency of this
appeal. Given our disposition of this appeal, any pending motions are denied as moot.
3