An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Proced ure.

NO. COA03-872

NORTH CAROLINA COURT OF APPEALS

Filed: 6 July 2004

JACQUELINE M. ADESUYI,
    Plaintiff,

    v.                            Wake County
                                No. 03 CVS 4844
SALOMON BROTHERS REALTY
CORP., LITTON LOAN SERVICING,
LP, RONALD H. DAVIS, FRANCES
S. WHITE, DAVID R. CAUDLE,
    Defendants.
    

    Appeal by plaintiff from order dated 9 April 2003 by Judge Donald W. Stephens in Wake County Superior Court. Heard in the Court of Appeals 15 June 2004.

    Jacqueline M. Adesuyi, pro se plaintiff-appellant.

    Morris, Schneider & Prior, L.L.C., by Wendy A. Owens, for defendant-appellee.

    BRYANT, Judge.

    Jacqueline M. Adesuyi (plaintiff) filed this pro se action on 9 April 2003 seeking a temporary restraining order prohibiting defendants from foreclosing on her property and seeking compensatory and punitive damages. Plaintiff alleged claims of fraud and unfair and deceptive trade practices resulting in the wrongful foreclosure of her home. The trial court denied plaintiff's motion for the temporary restraining order. Plaintiff gave notice of appeal. Subsequently, on 10 April 2003, the plaintiff's home was sold at public auction.    On 15 September 2003, defendant filed a motion to dismiss for a frivolous appeal. On 23 April 2004, plaintiff filed a motion to impose sanctions against defendants and their attorney (Owens) for frivolous filings and fraud upon the Court.

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    On appeal, plaintiff raises the issue of whether the trial court erred in denying her motion for a temporary restraining order. Plaintiff alleges the trial court acted in bad faith, failed to act in accordance with the law, and failed to make adequate findings of fact and conclusions of law.
    After careful review of the record, we dismiss plaintiff's appeal. Plaintiff sought a restraining order to prevent the foreclosure sale of her home. Her motion was denied on 9 April 2003; the sale occurred on 10 April 2003. Thus, the act sought to be stayed by plaintiff has been consummated, and there is no relief that can be granted by plaintiff's appeal. “[A] preventive injunction cannot be used to redress a consummated wrong or to undo what has been done.” Roberts v. Madison County Realtors Ass'n, 344 N.C. 394, 402, 474 S.E.2d 783, 789 (1996) (citing Jackson v. Jernigan, 216 N.C. 401, 5 S.E.2d 143 (1939)). Accordingly, because the act sought to be enjoined has been completed, we dismiss plaintiff's appeal as moot. See id. at 398-99, 474 S.E.2d at 787 (“A case is 'moot' when a determination is sought on a matter which, when rendered, cannot have any practical effect on the existing controversy. Courts will not entertain or proceed with a cause merely to determine abstract propositions of law.”).    Appeal dismissed.
    Chief Judge MARTIN and Judge McGEE concur.
    Report per Rule 30(e).

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