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Foreclosure Law Appellate Court Opinion

by Zigadto, Janet

 

AC44515 - Retained Realty, Inc. v. LeComte ("In this foreclosure action, the plaintiff, Retained Realty, Inc., appeals from the judgment of the trial court denying its motion to reargue the court clerk's rejection of its application for an execution of ejectment, which sought to eject the defendant Denise E.A. LeComte and her adult children, Nichols L. LeComte and Alysia A. LeComte (adult children), both of whom are nonparties to this action. The plaintiff claims on appeal that the court erred in denying its motion to reargue the clerk's rejection of its application for an execution of ejectment. Following oral argument before this court, but before this court rendered its judgment, the plaintiff obtained from the trial court an execution of ejectment in this action, as to the defendant, and an execution of ejectment in an omitted party action, as to the adult children. We ordered the parties to submit supplemental briefs on the issue of mootness. Having reviewed the parties' supplemental briefs, we conclude that the plaintiff's claim is moot, and we dismiss the appeal for lack of subject matter jurisdiction.")