Aliant Bank v. Kimberly Carter and Kerry Carter

Summary

The court dismissed Aliant's appeal because foreclosure and sale of the property made the specific contract and the injunction against interfering with it incapable of performance, eliminating any live controversy. The court held that the circuit court had entered a final permanent injunction rather than a temporary restraining order or preliminary injunction, so the bond requirement for interim relief did not apply. The capable-of-repetition exception did not preserve the appeal because contract-interference claims are not inherently limited to brief periods of time.