Court Dismisses Tenant's Appeal of Grant of Possession of Unit to PHA

摘要

The Texas Court of Appeals at San Antonio dismissed a public housing tenant's appeal of the grant of possession to the housing authority because the tenant had vacated the property, and the issue was moot. (Marshall v. Housing Authority of the City of San Antonio, No. 04-02-00821-CV, 2003 WL 22794301 (Tex.App.-San Antonio), November 26, 2003} Theresa Marshall, a former resident in a unit owned and operated by the San Antonio Housing Authority, appealed a trial court's judgment granting possession of her former unit to the housing authority. Finding the question of possession moot, the court dismissed the appeal. Texas law provides that an appellate court may stay the judgment of a county court in a forcible detainer action if the tenant files a supersedeas bond. Marshall failed to file the bond and vacated the premises to prevent the execution of the writ of possession. The court said it was simply "past the point at which [it] could have granted effectual relief."