October 05th, 2017

​US Court of Appeals for the Fifth Circuit Opinions
Dick v. Colorado Housing Enterprises, LLC

Docket: 17-10357
Opinion Date: October 4, 2017
Judge: Per Curiam
Areas of Law: Banking, Real Estate & Property Law

The Fifth Circuit dismissed this interlocutory appeal from an order denying a motion for a preliminary injunction to stop a foreclosure. The court applied In Matter of Sullivan Cent. Plaza, I, Ltd., and held that the appeal was moot because the subject property was sold at a foreclosure sale. The court rejected plaintiff's argument that the instant appeal was not moot simply because defendants purchased the foreclosed property and were before the court on appeal. The court reasoned that it could not enjoin that which had already taken place.