Opinion
No. 18-35939
06-14-2019
FREELAND LENDING, LLC, an Ohio limited liability company, Plaintiff-Appellee, v. RCJS PROPERTIES, LLC, a Washington limited liability company, Defendant, and RICHARD SORRELS, individually, and the marital community composed of RICHARD SORRELS and "JANE DOE" SORRELS, husband and wife, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 3:17-cv-05383-RBL MEMORANDUM Appeal from the United States District Court for the Western District of Washington
Ronald B. Leighton, District Judge, Presiding Before: CANBY, GRABER, and MURGUIA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Richard Sorrels appeals pro se from the district court's foreclosure judgment and post-judgment order arising out of Freeland Lending, LLC's action to enforce the promissory note and the deed of trust securing a commercial loan. We dismiss.
The notice of appeal identified as the only order on appeal the district court's post-judgment order of sale entered on October 2, 2018. However, the order of sale is not a final and appealable order because it merely directed an execution of the previously entered judgment of foreclosure. See Am. Ironworks & Erectors, Inc. v. North Am. Const. Corp., 248 F.3d 892, 898 (9th Cir. 2001) ("A mere ministerial order, such as an order executing a judgment . . . is not a final appealable order.").
We do not consider the district court's judgment of foreclosure entered on September 10, 2018 because the notice of appeal is untimely as to that judgment. See Fed. R. App. P. 4(a)(1)(A) (a notice of appeal must be filed within 30 days after entry of the judgment appealed from); Citicorp Real Estate, Inc. v. Smith, 155 F.3d 1097, 1101 (9th Cir. 1998) (holding that foreclosure judgments conclusively determining liability for defaulted loans and identifying the property to be sold were final and appealable).
DISMISSED.