Deutsche Bank National Trust Co. v. Roman

Plaintiff filed mortgage foreclosure action. Court granted Plaintiff's motion for default judgment, and entered judgment of foreclosure and sale. Court then granted Defendants' motion to vacate default judgment, and Defendants filed answer that same day.  Court later granted Plaintiff's motion for summary judgment and entered judgment of foreclosure and sale. Defendants failed to obtain a stay of judgment within time for filing notice of appeal. Third-party purchaser of property at sale was not a party to the foreclosure litigation, but was a "mere purchaser of the property" and thus at time of judgment and sale it was a nonparty. Thus, appeal dismissed as moot under Rule 305(k). (McBRIDE and GORDON, concurring.)