Lott v. Foskey, 27659

• Decision Date: 08 February 1973
• Docket Number: No. 27659,27659
• Parties: Dorothy Irene LOTT v. Bill FOSKEY.
• Court: Georgia Supreme Court

Page 141

196 S.E.2d 141

230 Ga. 134

Dorothy Irene LOTT v. Bill FOSKEY.

No. 27659.

Supreme Court of Georgia.

Feb. 8, 1973.

John S. Boswell, Sr., Valdosta, for appellant.

Walters & Davis, J. Harvey Davis, Ocilla, for appellee.

Syllabus Opinion by the Court

UNDERCOFLER, Justice.

This is an injunction case in which the appellant sought to enjoin the foreclosure of a described tract of land under a security deed. The trial court granted an ex parte restraining order temporarily enjoining the proceedings. After a hearing, the trial court dismissed the proceedings. The complainant appeals to this court but did not secure an order of supresedeas as required by the provisions of § 62 of the Civil Practice Act (Ga.L.1966, pp. 609, 664; 1967, pp. 226, 239; Code Ann. § 81A-162). The appellee has moved to dismiss the appeal in this court because the sale sought to be enjoined has already taken place.

The questions raised by this appeal are moot and the appeal is dismissed. Howard v. Smith, 226 Ga. 850, 178 S.E.2d 159; Dennis v. City of Palmetto, 226 Ga. 853, 178 S.E.2d 161; Board of Commissioners of Walton County v. Department of Public Health, 229 Ga. 173, 190 S.E.2d 39.

Appeal dismissed.

All the Justices concur.