Utley v. Swann's Mill Homeowners Ass'n

foreclosure sale; third-party bidder from whom plaintiff did not seek to recover damages had standing to move to dismiss plaintiff's complaint; record demonstrated that trial court did not consider outside the pleadings in granting motion to dismiss, thus not converting ruling to summary judgment; plaintiff failed to timely file an upset bid under provisions of emergency COVID-19 orders extending filing times and deadlines

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Summary

foreclosure sale; third-party bidder from whom plaintiff did not seek to recover damages had standing to move to dismiss plaintiff's complaint; record demonstrated that trial court did not consider outside the pleadings in granting motion to dismiss, thus not converting ruling to summary judgment; plaintiff failed to timely file an upset bid under provisions of emergency COVID-19 orders extending filing times and deadlines