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CRIM v. SORROW

Supreme Court of Georgia.
Apr 5, 1979

NICHOLS, Chief Justice.

This is an appeal from the denial of a temporary injunction to stop the foreclosure and sale of real property under a security deed. The grantees in the security deed bid the property in at the foreclosure sale.

The appellees have filed a motion to dismiss on the ground of mootness. The appellant failed to seek a supersedeas. The sale was completed on January 2, 1979. This appeal is moot ( Howard v. Smith, 226 Ga. 850 ( 178 S.E.2d 159) (1970); Cotton v. First Nat. Bank of Gwinnett County, 235 Ga. 511 ( 220 S.E.2d 132) (1975)), although the case itself would not be moot. Faulkner v. Ga. Power Co., 241 Ga. 618 ( 247 S.E.2d 80) (1978).

Appeal dismissed. All the Justices concur.

NICHOLS, Chief Justice.

SUBMITTED MARCH 16, 1979 — DECIDED APRIL 5, 1979.