Spence et al. v. Hersom — Appeal Dismissed Moot, Judgment Vacated
Summary
Andrew Spence and Cassie Alexander appealed an adverse eviction judgment from the County Court at Law No. 2 of Johnson County, Texas (Trial Court Cause No. CC-C20230567). Upon confirming to the Court Clerk that they are no longer in possession of the property, the Tenth Appellate District of Texas vacated the trial court's judgment and dismissed the appeal as moot on April 23, 2026, also dismissing all pending motions.
“Accordingly, because Appellants are no longer in possession of the premises in question, we vacate the trial court's judgment and dismiss the case as moot.”
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The Texas Courts of Appeals are intermediate appellate courts that hear every appeal from Texas district and county courts before cases reach the Texas Supreme Court or Court of Criminal Appeals. Together they publish around 290 opinions a month across civil, criminal, family, probate, and administrative cases. Texas's economy and legal volume mean the courts generate significant precedent on energy, oil and gas, commercial real estate, employment, and family law that affects multistate clients. GovPing tracks every published opinion via CourtListener's mirror, with case name, parties, court division, and outcome. Watch this if you litigate in Texas, advise on energy or land disputes, or track how Texas courts treat federal questions in commercial cases.
What changed
The appellate court vacated the trial court's eviction judgment and dismissed the appeal because the appellants were no longer in possession of the premises, rendering the appeal moot. The court cited Texas Property Code § 24.004(a) (justice court eviction jurisdiction) and Texas Rule of Civil Procedure 510.3 (limiting eviction cases to the right to actual possession).
For parties involved in eviction proceedings, this decision underscores that appellate courts cannot grant meaningful relief once the appellant no longer possesses the property. Counsel and litigants should ensure continued possession during the pendency of any appeal to preserve appellate jurisdiction; loss of possession during appeal typically renders the dispute moot and ends the court's ability to adjudicate the merits.
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Apr 24, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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April 23, 2026 Get Citation Alerts Download PDF Add Note
Andrew Spence and Cassie Alexander v. Georgia E. Hersom
Texas Court of Appeals, 10th District (Waco)
- Citations: None known
- Docket Number: 10-24-00181-CV
- Nature of Suit: Landlord & tenant
Disposition: Dismissed as moot
Disposition
Dismissed as moot
Lead Opinion
Court of Appeals
Tenth Appellate District of Texas
10-24-00181-CV
Andrew Spence and Cassie Alexander,
Appellants
v.
Georgia E. Hersom,
Appellee
On appeal from the
County Court at Law No. 2 of Johnson County, Texas
Judge F. Steven McClure, presiding
Trial Court Cause No. CC-C20230567
CHIEF JUSTICE JOHNSON delivered the opinion of the Court.
MEMORANDUM OPINION
Andrew Spence and Cassie Alexander appealed from a de novo judgment
from the county court at law in an eviction proceeding. The Appellants had
appealed an adverse decision from the justice court to the county court at law.
Upon request by the Clerk of this Court as to whether or not Appellants were
still in possession of the property in question, Appellants have informed this
Court that they are no longer in possession of the property, do not dispute that
this appeal is moot, and “do not oppose dismissal of the appeal on that basis.”
Chapter 24 of the Texas Property Code grants justice courts "jurisdiction
in eviction suits," including suits for forcible entry and detainer and forcible
detainer. TEX. PROP. CODE ANN. § 24.004(a). Texas Rule of Civil Procedure
510.3, which governs eviction cases, identifies "the right to actual possession"
as the "[o]nly [i]ssue" in an eviction case and specifies that claims "not asserted
because of this rule can be brought in a separate suit in a court of proper
jurisdiction." TEX. R. CIV. P. 510.3(e).
Accordingly, because Appellants are no longer in possession of the
premises in question, we vacate the trial court's judgment and dismiss the case
as moot. Appellants’ pending motions are also dismissed as moot.
MATT JOHNSON
Chief Justice
OPINION DELIVERED and FILED: April 23, 2026
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Appeal dismissed;
Judgment vacated;
Motions dismissed
CV06
Spence v. Hersom Page 2
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Source document text, dates, docket IDs, and authority are extracted directly from TX 10th App.
The summary, classification, recommended actions, deadlines, and penalty information are AI-generated from the original text and may contain errors. Always verify against the source document.
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