¶1*481 Sanders, Miller, Downing & Kean by Gerald E. Songy, Baton Rouge, and Jones, Patin, Harper, Tete & Wetherill by James C. Hanchey, Lake Charles, for defendantappellant.
¶2Scofield, Bergstedt & Gerard by Robert L. Hackett, Lake Charles, for plaintiffs-appellees.
¶3Before HOOD, CULPEPPER and GUIDRY, JJ.
ON MOTION TO DISMISS APPEAL
¶5GUIDRY, Judge.
¶6The plaintiffs-appellees, John C. Rourke, Lee J. Marsalise, Carl Marsalise and Rosa Marsalise, move to dismiss the two appeals taken by the defendant-appellant, Victor E. Coursey, Jr., in this litigation.
¶7We dismiss both of the defendant-appellant's appeals.
¶8On November 24, 1975, the defendantappellant moved for and obtained an order of appeal from a judgment of the Fourteenth Judicial District Court, Parish of Calcasieu, dismissing the plaintiffs-appellees' Petition For A Deficiency Judgment without prejudice.
¶9On December 11, 1975, the defendant-appellant also moved for and obtained an order of appeal from a judgment of the same trial court rendered on December 4, 1975, denying the defendant-appellant's request for a preliminary injunction enjoining a sheriff's sale which was scheduled to be held on January 7, 1976.
¶10The transcript of appeal was finally lodged with this court on May 19, 1976.
¶11The plaintiffs-appellees allege, and an examination of the record confirms, that there is no signed judgment dismissing the plaintiffs-appellees' Petition For a Deficiency Judgment without prejudice, and therefore the defendant-appellant's appeal from this judgment must be dismissed as premature; LSA-C.C.P. arts. 1911 and 2083. Advertiser, Division of Independent, Inc. v. Tubbs, 203 So.2d 418 (La.App. 3rd Cir. 1967); Kleb v. Choate,203 So.2d 422 (La.App. 3rd Cir. 1967); Succession of Grigsby v. Hamilton,211 So.2d 699 (La. App. 2nd Cir. 1968); Ready v. Sun Oil Company,315 So.2d 840 (La.App. 1st Cir. 1970); McElwee v. McElwee,244 So.2d 35 (La.App. 2nd Cir. 1971).
¶12The defendant-appellant's appeal from the trial court's denial of his request for a preliminary injunction enjoining a sheriff's sale which was scheduled to be held on January 7, 1976, must also be dismissed, as the sale was held as scheduled after the defendant-appellant's requests for stay orders from this court and from the Louisiana Supreme Court were denied. The issue is thus moot. Heard v. Seegers,186 So.2d 170 (La.App.2nd Cir. 1966); Morehouse Parish Police Jury v. Wild Life & Fisheries Commission,199 So.2d 542 (La.App. 4th Cir. 1967); Mecom v. Mueller,235 So.2d 597 (La.App. 4th Cir. 1970); Barnes v. City of Hammond,276 So.2d 746 (La.App. 1st Cir. 1973); City Stores Co. v. Gervais F. Favrot Co., Inc.,315 So.2d 370 (La.App. 4th Cir. 1975), writs refused, 320 So.2d 557 (La.1975).
¶13For the reasons assigned both appeals of the defendant-appellant are hereby dismissed at his costs.
¶14APPEALS DISMISSED.