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SMHR Holding v. Vohra

COURT OF APPEALS OF INDIANA
Feb 25, 2021
167 N.E.3d 702 (Ind. App. 2021)

Opinion

Court of Appeals Case No. 20A-MF-1342

02-25-2021

SMHR HOLDING COMPANY, LLC, Appellant-Plaintiff, v. FIROZ VOHRA, ANDERSON, AGOSTINO & KELLER, P.C., and 49 Gas Enterprises, Inc., Appellees-Defendants.

Attorney for Appellant: Kevin E. Werner, Crown Point, Indiana Attorneys for Appellee Anderson, Agostino & Keller, P.C.: Scott M. Keller, Michael P. Misch, Anderson, Agostino & Keller, P.C., South Bend, Indiana


Attorney for Appellant: Kevin E. Werner, Crown Point, Indiana

Attorneys for Appellee Anderson, Agostino & Keller, P.C.: Scott M. Keller, Michael P. Misch, Anderson, Agostino & Keller, P.C., South Bend, Indiana

MEMORANDUM DECISION

Kirsch, Judge.

[1] SMHR Holding Company, LLC ("SMHR") appeals the trial court's order approving the sale by a receiver of property owned by SMHR ("the Property"). In this interlocutory appeal, SMHR raises several issues for our review regarding the trial court's order. However, after this interlocutory appeal was filed with our court, a stay was never granted to pause the trial court proceedings. Therefore, subsequently, on October 29, 2020, Anderson, Agostino & Keller, P.C. ("AAK") filed a motion for summary judgment, seeking to foreclose their lien against the Property and to obtain an order for the Property to be sold at a sheriff's sale. On November 24, 2020, the trial court granted an order to eject SMHR from the Property, and on December 18, 2020, the trial court issued an order granting summary judgment to AAK, ordering that AAK's lien was valid and enforceable, foreclosing AAK's lien against the Property, and ordering the Property sold at a sheriff's sale. Accordingly, we do not reach the merits of SMHR's appeal because we conclude that the appeal is moot. An issue is moot when "the principal questions in issue have ceased to be matters of real controversy between the parties." Knapp v. Estate of Wright , 76 N.E.3d 900, 908 n.5 (Ind. Ct. App. 2017) (citing Rainbow Cmty., Inc. v. Town of Burns Harbor, 880 N.E.2d 1254, 1260-61 (Ind. Ct. App. 2008) ), trans. denied. Here, because the trial court has subsequently ordered the Property to be sold at a sheriff's sale, the appeal should be dismissed as moot.

[2] Dismissed.

Bradford, C.J., concurs.

May, J., concurs in result without opinion.


Summaries of

SMHR Holding v. Vohra

COURT OF APPEALS OF INDIANA
Feb 25, 2021
167 N.E.3d 702 (Ind. App. 2021)
Case details for

SMHR Holding v. Vohra

Case Details

Full title:SMHR Holding Company, LLC, Appellant-Plaintiff, v. Firoz Vohra, Anderson…

Court:COURT OF APPEALS OF INDIANA

Date published: Feb 25, 2021

Citations

167 N.E.3d 702 (Ind. App. 2021)