Weslease v. Anderson
CourtCourt of Appeals for the Fifth Circuit
Date FiledNovember 4, 2026
Docket25-11071
StatusUnpublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Case: 25-10905 Document: 154-1 Page: 1 Date Filed: 11/04/2026
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
____________ Fifth Circuit
FILED
No. 25-10905 November 4, 2026
____________
Thomas B. Plunkett, III
Clerk
Laura Davis; Whitney E. Martin; William Dale Behan;
Christianson J. Anderson,
Appellants,
versus
J. Robert Forshey, Receiver,
Appellee,
versus
Annalisa Lynn Anderson,
Movant—Appellant,
consolidated with
_____________
No. 25-11071
_____________
Weslease 2018 Operating L.P.,
Plaintiff,
versus
Case: 25-10905 Document: 154-1 Page: 2 Date Filed: 11/04/2026
Christianson J. Anderson; Whitney E. Martin,
Defendants- Appellants,
Annalisa Lynn Anderson,
Movant—Appellant,
versus
J. Robert Forshey, Receiver,
Appellee,
______________________________
Appeals from the United States District Court
for the Northern District of Texas
USDC Nos. 4:20-CV-776, 4:20-CV-776
______________________________
Before Duncan, Engelhardt, and Ramirez, Circuit Judges.
Per Curiam:*
Appellants challenge a district court’s orders authorizing a receiver to
sell property that belonged to a company in which they owned an interest to
satisfy a judgment against other owners. We DISMISS the appeal as moot.
I
After multiple appeals involving a judgment entered against Dale E.
and Linda Behan (Judgment Debtors), disciplinary proceedings against their
counsel,1 and multi-year proceedings to satisfy that judgment, the district
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
1
The district court initiated disciplinary proceedings against Appellants’ counsel
on May 21, 2024, and temporarily suspended him from practice in the Northern District of
Texas on November 7, 2024. During his suspension, Appellants’ Counsel provided
2
Case: 25-10905 Document: 154-1 Page: 3 Date Filed: 11/04/2026
court appointed a receiver, J. Robert Forshey (Receiver). The court
authorized Receiver to collect Judgment Debtors’ non-exempt assets and to
take exclusive control of all entities they owned, in whole or in part, to satisfy
the judgment. Judgment Debtors owned a fifty percent membership interest
in Hermitage Newark, LLC (Hermitage), which in turn owned one-hundred
acres of land and equipment located in the State of Arkansas. The other fifty
percent of Hermitage was collectively owned by Appellants Laura Davis,
Whitney Martin, Annalisa Anderson, Christianson J. Anderson, and William
Dale Behan.
Receiver sought authorization from the district court to sell
Hermitage’s land, and Judgment Debtors responded that they only owned a
fifty percent membership interest in Hermitage. After a hearing, at which
Judgment Debtors appeared, the district court entered an interim order
authorizing the sale of the land. The order required (1) Judgment Debtors to
provide Receiver the names of the other Hermitage interest holders; (2)
Receiver to serve them with a copy of the interim order; and (3) any
individual or entity with an interest in the land to appear and state their
interest within fourteen days or be barred from asserting a claim. The district
court also set a second hearing to consider entering a final order authorizing
the land sale. Despite service of the order, Appellants did not enter an
appearance or assert any interest in the land.2
Neither Appellants nor the Judgment Debtors were present at the
second hearing, and on June 12, 2025, the district court entered a final order
_____________________
unauthorized legal assistance to Judgment Debtors, and the district court sanctioned him
on June 3, 2025, ordering his withdrawal from all litigation involving Judgment Debtors and
their associated companies.
2
Only Inveniam Principal Investing Mezzanine 2, LLP (Inveniam) appeared,
asserting a lien on the land securing more than $11 million in debt.
3
Case: 25-10905 Document: 154-1 Page: 4 Date Filed: 11/04/2026
authorizing the land sale. On that same day, Appellants challenged
Receiver’s authority to sell the land in Arkansas state court, prompting
Receiver to move for injunctive relief in the district court. After a hearing at
which only the Judgment Debtors and Anderson appeared, on July 24, 2025,
the district court modified and entered its final order authorizing the sale and
enjoining Appellants from interfering with its in rem jurisdiction over the
land.
Appellants noticed their appeal of the land sale on August 1, 2025, but
did not seek to stay the sale order pending appeal until August 8, 2025, when
they filed their emergency motion for a stay before this court. Receiver had
already sold the land on August 5, 2025, however.3 This court denied
Appellant’s emergency motion on August 14, 2025.
While the land sale was pending, Receiver sought authorization to sell
the equipment owned by Hermitage. The district court entered an interim
order authorizing the sale, scheduled a hearing, and ordered that any
objecting party file its objections in writing. No party, including Appellants,
filed objections or appeared at the hearing. The district court entered a final
order authorizing the equipment sale on August 18, 2025.
On September 12 and 15, 2026, respectively, Appellants Davis and
Behan appealed the order authorizing the equipment sale. They did not seek
a stay of the equipment sale orders either in the district court or this court.
Receiver subsequently completed the equipment sale by online auction in
October 2025.
II
_____________________
3
After another hearing, at which only Judgment Debtors were present, the district
court authorized Receiver to distribute proceeds from the land sale to Inveniam.
4
Case: 25-10905 Document: 154-1 Page: 5 Date Filed: 11/04/2026
Appellants argue that the district court abused its discretion by
authorizing receiver to sell property not held in custodia legis because it was
owned by Hermitage, a non-judgment debtor, and that their ownership
interests were determined in violation of their due process rights. Receiver
responds that because the sale of the property has closed and been fully
consummated, this appeal is moot.
“We must address jurisdictional issues, such as mootness, before the
merits.” Loc. 1374, Jefferson Par. Firefighters Ass’n v. Roberts, 182 F.4th 463,
467 (5th Cir. 2026). Mootness “is a jurisdictional issue because it implicates
Article III’s requirement of a live case or controversy.” United States v.
Lares-Meraz, 452 F.3d 352, 354–55 (5th Cir. 2006). A case fails to satisfy the
case-or-controversy requirement, and a federal court lacks jurisdiction,
“‘when it is impossible for a court to grant any effectual relief whatsoever to
the prevailing party.’” Mendoza-Flores v. Rosen, 983 F.3d 845, 847 (5th Cir.
2020) (quoting United States v. Vega, 960 F.3d 669, 672 (5th Cir. 2020)).
In receivership cases, an appeal becomes moot if a party contesting a
property sale fails to obtain a stay of the sale pending appeal, and the property
is sold to a good faith purchaser in the interim. See Sec. & Exch. Comm’n v.
Janvey, 404 F. App’x 912, 915–16 (5th Cir. 2010) (dismissing the appeal of a
party contesting a judicial sale of receivership assets as moot because the
party did not seek to stay the sale pending appeal and the property had been
sold).4 A stay preserves the status quo; otherwise, “an event may occur while
_____________________
4
Receivership property is sold under 28 U.S.C. § 2001(a) for real property, and §
2004 for personal property. In receivership cases, courts often look to the bankruptcy
context because “the purpose of bankruptcy receiverships and equity receiverships is
essentially the same—to marshal assets, preserve value, equally distribute to creditors, and,
either reorganize, if possible, or orderly liquidate.” See Sec. & Exch. Comm’n v. Hill, 186
F.4th 462, 476 (5th Cir. 2026). Noting the lack of authority discussing the effects of a failure
to seek a stay of a property sale in receivership proceedings, Janvey looked to the “plethora
of case law discussing the consequences of failing to stay or enjoin the sale of property” in
5
Case: 25-10905 Document: 154-1 Page: 6 Date Filed: 11/04/2026
a case is pending appeal that makes it impossible for the court to grant any
effectual relief.” Id. at 916 (citations omitted). When the underlying property
has been sold, the court cannot fashion relief, so the appeal becomes moot.
See Turner v. Murphy Oil USA, Inc., 314 F. App’x 712 (5th Cir. 2009) (per
curiam) (citing Harris v. Houston, 151 F.3d 186, 189 (5th Cir. 1998)). This
court has found requests for declaratory relief following a property sale can
present a live controversy, but Appellants do not seek that relief here. See
Christopher Vill., Ltd. P’ship v. Retsinas, 190 F.3d 310, 314 (5th Cir. 1999)
(finding a property sale did not moot a request for declaratory relief to serve
as a predicate for a damages claim).
Because Appellants did not seek or obtain a stay pending appeal prior
to the completion of the property sales they now challenge, we are powerless
to grant any effectual relief.5
This appeal is DISMISSED as moot.
_____________________
“the course of bankruptcy proceedings, in which a stay pending appeal is statutorily
mandated.” 404 F. App’x at 915. Those cases generally found the appeal moot. Id.
5
Although Appellants argue in their briefing that the court may set aside the sales
of Hermitage’s property and order its return to them, they fail to brief, and therefore forfeit,
this argument. See Rollins v. Home Depot USA, 8 F.4th 393, 397 (5th Cir. 2021); see also
Norris v. Causey, 869 F.3d 360, 373 n.10 (5th Cir. 2017) (citing Weaver v. Puckett, 896 F.2d
126, 128 (5th Cir. 1990) (noting that a failure to adequately brief an issue constitutes
abandonment)).
6