Marshall v. Housing Authority

In Marshall v. Housing Authority, 198 S.W.3d 782, 786-87 (Tex. 2006), the Housing Authority of the City of San Antonio filed a forcible detainer action against its tenant, Marshall, and won a judgment of possession. Id., 198 S.W.3d at 784. Marshall appealed, but later voluntarily vacated the residential premises. Id., 198 S.W.3d at 785. While her appeal was pending, Marshall's lease with the Housing Authority expired, and the court of appeals dismissed the appeal as moot. Id. Given Marshall's clear expression of her intent to appeal, the supreme court held that her voluntary departure was not solely dispositive of the question of mootness. Id., 198 S.W.3d at 787. Mootness turned instead on whether Marshall continued to hold and assert a potentially meritorious claim of a right to possess the apartment. Id. Because the lease had expired, and because Marshall presented no other basis for claiming a current, actual right to possession thereafter, the issue of possession became moot when the lease expired. Id. Because the issue on appeal had become moot, dismissal was proper. See id., 198 S.W.3d at 784.