128 So. 3d 1057
La. Ct. App.2013Background
- In 1959, John and Mary Clark acquired land in Natchitoches Parish, Louisiana.
- John and Mary Clark died intestate, Mary in 2006 and John in 1988, leaving multiple children including John M. Clark.
- In 2010, Crosstex purchased the interests of Joseph, James Abraham, and Doris in the property.
- Crosstex filed suit in March 2011 to partition the property; the court ordered partition by licitation after finding the property not susceptible to partition in kind.
- A September 23, 2011 trial resulted in a judgment for partition by licitation and a sale was later scheduled; Appellant moved for New Trial, TRO, and suspensive appeal but the appeal was converted to devolutive for failure to post a bond.
- The property was sold at sheriff’s sale on April 4, 2012, with Crosstex as the purchaser.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the appeal moot after the sheriff's sale? | Crosstex argues the appeal is moot since sale effectuated the partition. | Clark contends the appeal remains viable to challenge the partition order. | The appeal is moot; dismissed. |
Key Cases Cited
- United Cos. Lending Corp. v. Hall, 97-2525 (La.App. 1 Cir. 1998) (mootness and lack of practical relief on appeal)
- United Teachers of New Orleans v. Orleans Parish School Board, 355 So.2d 899 (La.1978) (no advisory opinions where no practical results)
- State ex rel. Guste v. Louisiana [Milk] Comm'n, 297 So.2d 750 (La.App. 1st Cir. 1974) (rule against moot questions on appeal)
- Au-coin v. Evangeline Parish Police Jury, 338 So.2d 789 (La.App. 3rd Cir. 1976) (jurisdiction to dismiss moot appeals)
- Cain v. Board of Swpemsors, Ouachita Parish, 335 So.2d 711 (La.App. 2nd Cir. 1976) (mootness and appellate dismissal principles)
- Messer v. Harris, 442 So.2d 1284 (La.App. 3 Cir. 1983) (discusses mootness after sale in appeal from injunctive relief denial)
- Devall v. Derail, 153 So.2d 114 (La.App. 1 Cir. 1963) (mootness where sale has occurred)
- City Finance Co., Etc. v. Johnson, 410 So.2d 1189 (La.App. 3 Cir. 1982) (no remedy to undo completed sale on devolutive appeal)
- Hagstette v. Wadsworth, 57 So.2d 222 (La.1952) (partition sale executory; rights extinguished after suspension period)
- Cooley v. Merriman, 590 So.2d 718 (La.App. 3 Cir. 1991) (partition sale executory after delay for suspensive appeal)