Carson v. Pierce

ORDER

Appellants seek a rehearing by the panel in this case. They state in their petition for rehearing that the issue in this case is whether a landlord may defeat through mootness a claim brought by a tenant for unlawful eviction by evicting the tenant before the claim can be heard. Indeed, if the panel opinion stood for such a proposition, we might be inclined to rehear the case. The panel opinion is based, however, upon a different representation of the essential facts.

The issue of mootness, on which this court decided the case, arose by ’way of a letter from appellees’ counsel to this…