27 v. Fifth Third Bank, National Association, Appellee-Plaintiff (2026)

MEMORANDUM DECISION

[1] Moorish Science Temple of America #27 Sol Temple, by its Trustee, Bro. J. Page Bey; Brooke Rachel Page; and Tamara Sue Green (collectively, the Appellants), proceeding pro se, appeal the trial court's grant of a writ of assistance to Fifth Third Bank National Association in support of Fifth Third's long-standing attempts to execute a decree of foreclosure against real property in Appellants’ possession.

[2] Appellants appear to raise four issues for our review. The first three issues, however, all appear to be based on the same argument: that, because Appellants had filed a separate quiet-title action against Fifth Third as part of Appellants’ attempts to delay Fifth Third's execution of its decree of foreclosure in this action, the trial court here abused its discretion by not staying these proceedings while appellate review of the quiet-title case was ongoing. We need not consider these arguments. Our Court has affirmed the trial court's judgment for Fifth Third in the quiet-title action, rendering Appellants’ corresponding arguments here moot. See Moorish Science Temple of Am. 27 v. Fifth Third Nat'l Bank Ass'n, No. 26A-MI-261 (Ind. Ct. App. June 26, 2026) (mem.).

[3] Appellants’ fourth argument asserts that the trial court here failed to “afford meaningful consideration to Appellants’ claims that the subject property was being utilized in connection with religious and ecclesiastical purposes ․” Appellants’ Br. at 4. This argument simply appears to be an attempt to collaterally attack the decree of foreclosure and, regardless, is not supported by cogent reasoning. See Ind. Appellate Rule 46(A)(8)(a). We therefore do not consider it.

[4] Fifth Third asks that we impose monetary sanctions and filing restraints against the Appellants. We agree with Fifth Third that it is entitled to its costs and fees under Indiana Appellate Rule 66(E) in defending this appeal, and we remand to the trial court for it to determine an appropriate total amount to award Fifth Third accordingly. We decline to impose filing restraints against the Appellants as to filings in our Court at this time, but we will reconsider our position in the future if necessary. We express no opinion on whether the trial court may consider imposing its own restrictions.

[5] Affirmed and remanded.

Mathias, Judge.

Pyle, J., and Weissmann, J., concur.