Bianco

MEMORANDUM **

Robert and Bernardine Erkins (“the Er-kins”) appeal the district court’s decision not to quash the writ of execution and extinguish the judgment liens on the Er-kins’ real property located in Jerome and Gooding Counties in the State of Idaho. Appellee Bianco had sought to levy upon this real property in an effort to execute a judgment entered in his favor against the Erkins. Although the property has since been sold pursuant to the district court’s order, the Erkins seek “an order quashing the writ of execution and extinguishing the judgment liens.” The Erkins make no further prayer for relief.

On December 27, 2001, the district court issued a writ of execution on the Erkins’ real property. The Erkins moved for reconsideration of the district court’s order and to enjoin the U.S. Marshal’s sale of the property. On February 6, 2002, the district court denied both motions, noting that because the Erkins had not posted a supersedeas bond that would have preserved the status quo pending appeal, the sale could proceed:

The foreclosure sale took place as scheduled on February 12, 2002. The real property lying at the heart of the Erkins’ appeal was sold in accordance with…