Background
In September two thousand twenty-five, Rene Pierre Solomon filed a renewed motion for a temporary restraining order to stop a foreclosure sale. The district court denied the motion on October twenty-three, two thousand twenty-five. Solomon filed a second renewed motion and then appealed, claiming the court had denied it by inaction. Before the court could rule on the second motion, the foreclosure sale occurred and the property changed hands.
The court’s reasoning
The court held that the notice of appeal was ineffective regarding the second motion because no order had been entered when the appeal was filed. The court cited Bogle versus Orange County Board of County Commissioners to explain that an appeal cannot target a contemplated future order. Additionally, the court found the appeal moot regarding the first order because the foreclosure sale occurred during the appeal, leaving no live controversy for the court to resolve. The court cited Zinni versus ER Solutions, Inc. and Al Najjar versus Ashcroft to support the finding that intervening events can render an appeal moot.
We therefore lack jurisdiction to review this contemplated future order.
USCA11 Case: 25-13976 Document: 22-1 Date Filed: 06/23/2026 Page: 1 of 3
What it means going forward
The dismissal prevents further judicial review of the foreclosure proceedings in this specific appeal, leaving the completed sale in place.