Kiara King v. Settegast Heights VillageAppeal from Co Civil Ct at Law No 1 of Harris County (memorandum opinion per curiam)

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Opinion issued July 24, 2014. In The Court of Appeals For The First District of Texas NO. 01-12-01154-CV KIARA KING, Appellant V. SETTEGAST HEIGHTS VILLAGE, Appellee On Appeal from the County Civil Court at Law No. 1 Harris County, Texas Trial Court Case No. 1018034 MEMORANDUM OPINION In this forcible-detainer action, appellant, Kiara King, challenges the trial court s judgment awarding possession of a leased premises to appellee, Settegast Heights Village ( SHV ). King has filed a motion to vacate the trial court s judgment and dismiss the appeal, asserting that the only issue on appeal current actual possession of the leased premises is moot. See Marshall v. Hous. Auth. of San Antonio, 198 S.W.3d 782, 787 (Tex. 2006) (holding that when appellant presented no basis for claiming right to possession, there was no live controversy between the parties and issue of possession was moot). SHV has filed a response, contending that vacating the trial court s judgment is improper. Although King asserts that she has since vacated the leased premises, we do not have a record that supports her assertion. Accordingly, we grant King s motion in part and dismiss the appeal. We dismiss all other pending motions as moot. PER CURIAM Panel consists of Justices Jennings, Bland, and Massengale. 2

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