URSULA ANN LANGLEY
v.
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE FOR NEW CENTURY HOME EQUITY LOAN TRUST 2004-1
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An appeal challenging the denial of a motion to stay a foreclosure sale is moot when the underlying foreclosure judgment has been affirmed on appeal.
[1] An appeal challenging the denial of a motion to stay a foreclosure sale becomes moot when the underlying foreclosure judgment is affirmed, as judicial determination of th…
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Join FLexlaw to unlock all legal intelligence“An issue is moot when the controversy has been so fully resolved that a judicial determination can have no actual effect.”
Court's statement of the mootness standard, citing Godwin v. State, 593 So. 2d 211, 212 (Fla. 1992)
Langley appealed the trial court's order denying her motion to set aside a foreclosure sale. She argued the sale should be set aside because the trial…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2025-1520 Lower Tribunal No. 2017-CA-001261
URSULA ANN LANGLEY, Appellant,
v.
DEUTSCHE BANK NATIONAL TRUST COMPANY, as Indenture Trustee for NEW CENTURY HOME EQUITY LOAN TRUST 2004-1, Appellee.
Appeal from the Circuit Court for Collier County. James F. Stewart, Judge.
May 29, 2026
NARDELLA, J.
Ursula Ann Langley (“Appellant") appeals the trial court's order denying her motion to set aside the foreclosure sale. She contends the sale should be set aside because the trial court failed to hold an evidentiary hearing on her emergency motion to stay the foreclosure sale pending her appeal of the foreclosure judgment. This issue was rendered moot by the Court's affirmance of the foreclosure judgment.
Langley v. Deutsche Bank Nat'l Tr. Co., as indenture Tr. for New Century Home Equity Loan Tr. 2004-1, 418 So. 3d 324 (Fla. 6th DCA 2025); see Godwin v. State, 593 So. 2d 211, 212 (Fla. 1992) (“An issue is moot when the controversy has been so fully resolved that a judicial determination can have no actual effect."). Further, we do not find, as the Appellant argues, that the issue raised is one of great public importance and, thus, capable of review despite its mootness. Therefore, the appeal is dismissed as moot. Godwin, 593 So. 2d at 212 (“A moot case generally will be dismissed.").
DISMISSED.
SMITH and BROWNLEE, JJ., concur.
James R. Ackley, of Law Offices of James R. Ackley, P.A., West Palm Beach, for Appellant.
Eric M. Levine and Adam G. Schwartz, of Atlas | Solomon, LLP, Stuart, for Appellee.