In an ejectment case, the Court of Appeals' dismissal as moot due to the sheriff’s eviction is proper or not?

In an ejectment case, the Court of Appeals' dismissal as moot due to the sheriff’s eviction is proper or not?

• A. Yes, because eviction renders the appeal moot.
• B. No, because execution pending appeal does not affect merits of the ejectment case.
• C. Yes, because the case is resolved once eviction occurs.
• D. No, because the CA should dismiss the appeal for abuse of process.

Answer: (B)

In ejectment, a matter remains appealable even if the sheriff has already evicted a party because the appeal tests the trial court’s rulings, not merely the fact of possession on the date of eviction. The sheriff’s eviction is the enforcement of the judgment, not the end of the issues on review. Execution pending appeal does not by itself dismiss the case as moot; it preserves the parties’ rights while the appellate court considers whether there were errors in the decision that would warrant reversing, modifying, or remanding. So the appeal should proceed on its merits rather than being dismissed just because eviction occurred. Dismissing for mootness or alleging abuse of process isn’t appropriate here, because mootness isn’t triggered simply by enforcement, and there isn’t a basis to conclude abuse of process from having the eviction carried out during the appeal.

In ejectment, a matter remains appealable even if the sheriff has already evicted a party because the appeal tests the trial court’s rulings, not merely the fact of possession on the date of eviction. The sheriff’s eviction is the enforcement of the judgment, not the end of the issues on review. Execution pending appeal does not by itself dismiss the case as moot; it preserves the parties’ rights while the appellate court considers whether there were errors in the decision that would warrant reversing, modifying, or remanding. So the appeal should proceed on its merits rather than being dismissed just because eviction occurred. Dismissing for mootness or alleging abuse of process isn’t appropriate here, because mootness isn’t triggered simply by enforcement, and there isn’t a basis to conclude abuse of process from having the eviction carried out during the appeal.