Freeland Lending, LLC v. Rcjs Properties, LLC

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 14 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
FREELAND LENDING, LLC, an Ohio No. 18-35939
limited liability company,
D.C. No. 3:17-cv-05383-RBL
Plaintiff-Appellee,
v. MEMORANDUM*
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.
Appeal from the United States District Court
for the Western District of Washington
Ronald B. Leighton, District Judge, Presiding
Submitted June 11, 2019**
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Before: CANBY, GRABER, and MURGUIA, Circuit Judges.
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.
2 18-35939