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SAN FRANCISCO RESIDENCE v. 7027 OLD MADISON PIKE

No. 09-11059.

583 F.3d 750 (2009)

SAN FRANCISCO RESIDENCE CLUB, INC., Tak Tech Point, LLC, KKA Cas., LLC, Plaintiffs-Appellees, v. 7027 OLD MADISON PIKE, LLC, Scott J. McDermott, Highland Management Company, LLC, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

September 22, 2009.

Attorney(s) appearing for the Case

Albert L. Jordan, Wallace, Jordan, Ratliff & Brandt, LLC, Birmingham, AL, for Defendants-Appellants.

Stuart M. Maples, Charles A. Ray, IV, Maples & Ray, PC, Huntsville, AL, for Plaintiffs-Appellees.

Before CARNES and PRYOR, Circuit Judges, and DOWD, District Judge.

PRYOR, Circuit Judge:

The issue presented is whether this appeal of an order to disburse funds voluntarily deposited in a court registry is moot because the funds have already been disbursed to a nonparty in accordance with that order. San Francisco Residence Club filed a complaint against 7027 Old Madison Pike, with whom it was a tenant in common, as well as Scott McDermott, the manager of the tenancy-in-common, and sought declaratory relief regarding ownership rights...

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