The Texas Court of Appeals has dismissed an appeal filed by Larry Keith DeVere regarding a judgment that awarded Gary Schuetze possession of a residential property. The court ruled that DeVere abandoned his challenge to the possession award and raised no issues concerning the monetary portions of the judgment. This decision affects DeVere's ability to contest the ruling and highlights the importance of maintaining a live controversy in legal appeals.

The ruling was delivered on August 19, 2026, under docket number 04-26-00178-CV. The court's decision emphasizes the necessity for ongoing disputes between parties throughout the legal process, including during appeals. Without a live controversy, the court lacks jurisdiction to hear the case.

Background

The case centers around a forcible detainer suit, a legal action typically used to regain possession of property. In this instance, the trial court had previously awarded Schuetze possession of the premises, along with unpaid rent, attorney's fees, court costs, and interest. DeVere's appeal followed this judgment, but he later narrowed the focus of his appeal.

Initially, DeVere filed a notice of appeal and several emergency motions. However, he subsequently submitted a “Notice of Partial Voluntary Dismissal of Specific Relief Requests,” waiving all possessory stay applications. This change in direction meant that DeVere was no longer contesting the possession of the property itself, but rather the trial court's handling of his statement of inability to afford court costs under Texas Rule of Civil Procedure 145.

The Ruling

The Texas Court of Appeals, consisting of Chief Justice Rebeca C. Martinez and Justices H. Todd McCray and Velia J. Meza, ruled that DeVere's appeal lacked jurisdiction. The court stated, “Because DeVere abandoned any request for possessory relief... any challenge to the possession award is no longer before us.”

The court explained that a controversy must exist at every stage of a suit, including on appeal. Since DeVere had abandoned his challenge to the possession of the property, the court determined that the appeal became moot. The ruling clarified that the monetary portions of the judgment, such as unpaid rent and attorney's fees, could continue to present a live controversy. However, DeVere did not raise any issues regarding these monetary awards.

Impact

This ruling has significant implications for DeVere and similar cases. By dismissing the appeal for lack of jurisdiction, the court reinforced the principle that parties must maintain a live controversy throughout legal proceedings. If a party abandons their claims, as DeVere did regarding possession, the court cannot provide relief.

The decision also serves as a reminder for individuals involved in legal disputes to carefully consider the implications of narrowing their appeals. In this case, DeVere's focus on the Rule 145 issue did not present a live controversy that the court could address. This ruling may influence how future cases involving forcible detainer actions are approached, particularly regarding the importance of maintaining all relevant claims during the appeal process.

What's Next

Details were not available in the court filing regarding whether DeVere plans to appeal this ruling further or if there are any related cases pending. However, the dismissal for lack of jurisdiction means that the current judgment in favor of Schuetze stands.