Case: 17-51140 Document: 00514756482 Page: 1 Date Filed: 12/11/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-51140 FILED
December 11, 2018
Lyle W. Cayce
SUE WHITE; RICHARD WHITE, Clerk
Plaintiffs - Appellants
v.
DLJ MORTGAGE CAPITAL, INCORPORATED,
Defendant - Appellee
Appeal from the United States District Court
for the Western District of Texas
USDC No. 5:17-CV-396
Before STEWART, Chief Judge, KING and OWEN, Circuit Judges.
PER CURIAM:*
In 2016, a Texas state court issued an order authorizing DLJ Mortgage
Capital, Inc., to foreclose on property owned by Sue and Richard White. The
Whites subsequently sued DLJ seeking to prevent the foreclosure. DLJ
removed the suit to federal court, and the district court granted summary
judgment in favor of DLJ. The Whites appealed. While this appeal was
pending, DLJ foreclosed on the Whites’ house. The Whites vacated the property
and signed an expansive release, surrendering any claims related “to the loan
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 17-51140 Document: 00514756482 Page: 2 Date Filed: 12/11/2018
No. 17-51140
which gave rise to the foreclosure, the foreclosure process, [and] the
[f]oreclosure [s]ale.”
When pressed on the issue of mootness at oral argument, counsel for the
Whites only argued that the controversy was still live because the court should
reverse the district court’s grant of summary judgment and find that the state-
court order authorizing foreclosure is barred by the statute of limitations.
Given that the foreclosure sale authorized by the state court has already
occurred, we are not inclined to do that. To the extent that the Whites seek
some other remedy, counsel has failed to present it to this court.
Appeal DISMISSED. Each party shall bear its own costs.
2