Opinion
No. 323 C.D. 2014
12-17-2014
Federal National Mortgage Association v. Theodore Bailey, Appellant
BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge HONORABLE P. KEVIN BROBSON, Judge HONORABLE ROCHELLE S. FRIEDMAN, Senior Judge
OPINION NOT REPORTED
MEMORANDUM OPINION BY SENIOR JUDGE FRIEDMAN
Theodore Bailey appeals from the January 27, 2014, order of the Court of Common Pleas of Philadelphia County (trial court) granting summary judgment in favor of Federal National Mortgage Association (Fannie Mae) in an action for ejectment. The trial court entered judgment in favor of Fannie Mae and against Bailey for possession of property located at 6760 Dorel Street in Philadelphia (Property). We dismiss Bailey's appeal as moot.
An action in ejectment is not within this court's appellate jurisdiction. However, because Fannie Mae did not object to our jurisdiction, it is perfected pursuant to 42 Pa. C.S. §704.
This case has a long, storied history, which we need not reiterate for purposes of our disposition. During the pendency of this appeal, Fannie Mae executed a writ of possession for the Property, and, as Bailey acknowledged, he vacated the Property. Thus, the issue of possession, which was the subject of the ejectment action, has been resolved. Cf. Wolf v. Long, 468 A.2d 508, 509 (Pa. Super. 1983) (dismissing an appeal from a confessed judgment in an ejectment action as moot, where the only questions before the court related to possession and where the tenants vacated the premises while the appeal was pending).
The procedural history of the case is summarized in the trial court's May 1, 2014, opinion. --------
We also take judicial notice of the fact that after Bailey vacated the Property, Fannie Mae sold the Property to a third-party purchaser. See In re D.A., 801 A.2d 614, 616 (Pa. Super. 2002) (noting that an appeal can become moot due to an intervening change in facts); American Mutual Liability Insurance Company v. Zion and Klein, P.A., 466 A.2d 679, 680 (Pa. Super. 1983) (stating that if an event occurs during an appeal that makes it impossible for the court to grant relief, dismissal is appropriate).
For these reasons, we dismiss Bailey's appeal as moot.
/s/_________
ROCHELLE S. FRIEDMAN, Senior Judge
ORDER
AND NOW, this 17th day of December, 2014, we hereby dismiss the appeal of Theodore Bailey in the above-captioned matter as moot.
/s/_________
ROCHELLE S. FRIEDMAN, Senior Judge