No. 1137 Precedential Processed

Choate v. Cofield

Louisiana Court of Appeal, First Circuit · Filed May 28, 1964 · 164 So. 2d 601

Also decided on this docket: La., July 15, 1885 37 La. Ann. 677; La., June 15, 1885 37 La. Ann. 662; La., July 15, 1881 33 La. Ann. 1113; La. Ct. App. 4th Cir., July 1, 1963 156 So. 2d 297

Cited by

Gibsland Bank & Trust Co. v. Boddie 480 So. 2d 906 La. Ct. App. 2d Cir. 1985
ACME MORTG. CO., INC. v. Cross 464 So. 2d 945 La. Ct. App. 4th Cir. 1985
Ascension Savings & Loan Ass'n v. Gueret 447 So. 2d 1241 La. Ct. App. 1st Cir. 1984
Tidwell v. Goston 371 So. 2d 299 La. Ct. App. 1st Cir. 1979

Authorities cited

Identified automatically; this list may not be exhaustive.

General Motors Acceptance Corp. v. Kroger 136 So. 2d 402
RDM Corp. v. Macaluso 134 So. 2d 127
Security Banking Co. v. Maddox 178 So. 653
Miller v. People's Homestead & Savings Ass'n 161 So. 656
Walters v. Childers 214 La. 531
Succession Washington 229 La. 862
Unity Industrial Life Ins. Co. v. Dejoie 197 La. 38

Opinion text

CULPEPPER, Judge. Defendant has appealed devolutively from a judgment rejecting his petition for an injunction arresting a seizure and sale under executory process. Although able counsel for defendant appellant has presented interesting arguments that the sale should have been enjoined, we have concluded these issues are now moot. The record shows on its face that after defendant took only a devolutive appeal, the sheriff proceeded to seize and sell the property. The sale was completed during the pendency of this appeal and appears to be proper in all respects. Under these facts, the jurisprudence is firmly established that the appeal is subject to dismissal for mootness. A few of the many cases dismissing appeals in similar situations are: General Motors Acceptance Corporation v. Kroger, La.App., 136 So.2d 402 ; R.D.M. Corporation v. Macaluso, La.App., 134 So.2d 127 ; Security Banking Company v. Maddox, La.App., 178 So. 653 ; Miller v. People’s Homestead & Savings Association, La.App., 161 So. 656 ; Walters v. Childers, 214 La. 531 , 38 So.2d 160 ; Succession of Washington, Jr., 229 La. 862 , 87 So.2d 9 ; Unity Industrial Life Insurance Co. v. DeJoie, 197 La. 38 , 200 So. 813 . See also LSA-C.C.P. Art. 2642 and the Official Revision Comments thereunder. For the reasons assigned the appeal herein taken is dismissed. All costs of this appeal are assessed against the defendant appellant. Appeal dismissed.