Johnson v. Martofel

¶ 1 Cynthia Johnson (Appellant) appeals from the trial court’s order denying her motion to stay or set aside a writ of possession for real property on which she resided. The trial court found itself without sufficient time to consider the motion prior to the sheriffs execution of the writ and, therefore, it did not rule on the motion until after execution of the writ. Consequently, the court found that the issue was moot and, furthermore, that the property’s owner, John Martofel (Appellee), was entitled to the writ of possession. Johnson claims that the trial court erred in so determining.…