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MARSHALL v. HOUSING AUTH. CITY SAN ANTONIO

No. 04-0147.

198 S.W.3d 782 (2006)

Theresa MARSHALL, Petitioner, v. HOUSING AUTHORITY OF THE CITY OF SAN ANTONIO, Respondent.

Supreme Court of Texas.

Decided March 3, 2006.

Attorney(s) appearing for the Case

Fred Fuchs, Nelson H. Mock, Texas RioGrande Legal Aid, Inc., Austin, David Miles Winters, Texas RioGrande Legal Aid, Inc., San Antonio, for Petitioner.

R. David Fritsche, Law Offices of R. David Fritsche, San Antonio, for Respondent.

Larry Niemann, Niemann and Niemann, Austin, for Amicus Curiae.

Justice JOHNSON delivered the opinion of the Court.

In this appeal we address the issues of whether a tenant may appeal from an adverse judgment in a forcible detainer action without posting a supersedeas bond, and whether a forcible detainer action is moot when the tenant is no longer in possession of the premises and her lease has expired. Answering both questions in the affirmative, we dismiss the case as moot and vacate the underlying judgments.

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