Trinidad Sanchez v. JXJ Homes, LLC
CourtTexas Court of Appeals, 2nd District (Fort Worth)
Date FiledMay 14, 2026
Docket02-26-00034-CV
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-26-00034-CV
___________________________
TRINIDAD SANCHEZ, Appellant
V.
JXJ HOMES, LLC, Appellee
On Appeal from County Court at Law No. 1
Tarrant County, Texas
Trial Court No. 2025-010021-1
Before Kerr, Birdwell, and Bassel, JJ.
Memorandum Opinion by Justice Kerr
MEMORANDUM OPINION
Appellant Trinidad Sanchez, appearing pro se, attempts to appeal from a
judgment rendered against him in the underlying forcible-detainer action.
On April 7, 2026, we sent Appellant a letter stating that the court was
concerned that this appeal was moot. We explained that
[i]t has come to this court’s attention that on February 4, 2026, the writ
of possession issued in this case was executed and that [A]ppellant 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.
Because [A]ppellant is no longer in actual possession of the property and
does not appear to be asserting a claim of right to current possession of
the property, we are concerned that this appeal is moot.
After calling this issue to Appellant’s attention, we gave him until April 17, 2026 to
show grounds for continuing the appeal and warned him that the appeal could be
dismissed. See Tex. R. App. P. 42.3(a), 44.3. But that deadline has passed, and he has
not responded.
Because Appellant is no longer in possession of the property; because he has
not identified an ongoing, live controversy between the parties; and because he has
not responded with any other grounds for continuing the appeal, we vacate the trial
court’s judgment and dismiss the case as moot. Tex. R. App. P. 43.2(e); see Marshall,
2
198 S.W.3d at 785–90 (holding that because the “case [wa]s moot[,] . . . the court of
appeals erred in dismissing only the appeal and leaving the trial court’s judgment in
place”); Hizar v. 777 ER, LLC, No. 02-24-00549-CV, 2025 WL 876778, at *1 (Tex.
App.—Fort Worth Mar. 20, 2025, no pet.) (vacating judgment and dismissing case in
a similarly moot appeal from a forcible-detainer judgment).
/s/ Elizabeth Kerr
Elizabeth Kerr
Justice
Delivered: May 14, 2026
3