Angela Groves Johnson v. Margaret Moloney for Ella Jean McCullough and Craig McCullough
CourtTexas Court of Appeals, 13th District
Date FiledSeptember 10, 2026
Docket13-24-00559-CV
StatusPublished
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Full Opinion
NUMBER 13-24-00559-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
ANGELA GROVES JOHNSON, Appellant,
v.
MARGARET MOLONEY FOR
ELLA JEAN MCCULLOUGH &
CRAIG MCCULOUGH, Appellee.
ON APPEAL FROM THE COUNTY COURT AT LAW NO. 5
OF NUECES COUNTY, TEXAS
MEMORANDUM OPINION
Before Justices Peña, West, and Fonseca
Memorandum Opinion by Justice Peña
This case arises from an eviction proceeding brought by appellee Margaret
Moloney for Ella Jean McCullough and Craig McCullough. The justice court entered a
judgment in eviction, evicting appellant Angela Groves Johnson from the subject property
and awarding possession to appellee. On appeal, the county court affirmed. See TEX. R.
CIV. P. 510.1. Appellant, appearing pro se, attempts to appeal from the county court’s
judgment.
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 no longer possesses 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; Glassdoor, Inc. v.
Andra Group, LP, 575 S.W.3d 523, 527 (Tex. 2019).
On August 11, 2026, we notified the parties that this case appeared moot and
warned that we would dismiss the appeal unless, within ten days, a response was filed
showing grounds for continuing it. TEX. R. APP. P. 42.3. Neither party has responded.
We thus affirm the county court’s judgment, dismiss the appeal, and deny all
pending motions. Id. R. 42.3(c) (permitting an appellate court to dismiss an appeal in a
civil case if “the appellant has failed to comply with . . . a court order[] or a notice from the
clerk requiring a response or other action within a specified time”).
L. ARON PEÑA JR.
Justice
Delivered and filed on the
10th day of September, 2026.
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