Ex parte Ann Martin, [Ms. SC-2023-0902, Aug. 23, 2024] __ So. 3d __ (Ala. 2024). The Court (Parker, C.J.; Wise, Bryan, Mendheim, Stewart, Mitchell, and Cook, JJ., concur; Shaw and Sellers, JJ., concur in the result) dismisses as moot a mandamus petition filed by Ann Martin seeking to vacate the Etowah Circuit Court’s writ of restitution evicting Ann from a home owned by her incapacitated mother. Ann, who had contributed $30,000 toward the purchase of the home, lived in it for years without a lease and without paying any rent. Ms. *2.
Ann did not seek a stay pending resolution of her mandamus petition, and the circuit court granted leave to the conservator to sell the house. The Court concludes the sale mooted the petition challenging the writ of restitution and explains “[e]ven if this Court were to decide that the writ of restitution or possession was unlawful, we would be unable to accord Ann any relief on that ground. We cannot reverse the partial summary judgment or the subsequent order granting the petition to sell the property because neither of those orders, which could be properly challenged on appeal, have been challenged in Ann’s petition. Ex parte Professional Bus. Owners Ass’n Comp. Fund, 867 So. 2d 1099, 1101 (Ala. 2003) (noting that, ‘[g]enerally, an appellate court is limited to considering only those issues raised on appeal’).” Ms. *6.