380 S.W.3d 655
Mo. Ct. App.2012Background
- Husband appeals a circuit court order granting Wife a full order of protection under Missouri's Adult Abuse Act.
- The order prohibited Husband from abusing, threatening, stalking, or disturbing Wife, and from contacting or entering Wife's dwelling or workplace; it also awarded custody and visitation of their minor child to Wife.
- The order of protection expired on August 29, 2012, with no indication it was extended.
- Husband's sole argument on appeal was that the order was not supported by sufficient evidence.
- The appellate court sua sponte considers mootness before addressing merits, since the order had expired prior to the appeal.
- The court concludes the appeal is moot and dismisses it, noting no public-interest or recurring-issue exceptions apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the appeal moot due to expiration of the order? | Husband argues merits should be reviewed despite expiration. | Wife argues there is no live controversy after expiration; mootness applies. | Yes; the appeal is moot. |
Key Cases Cited
- Glover v. Michaud, 222 S.W.3d 347 (Mo.App.2007) (mootness decisions hinge on live controversy)
- O’Banion v. Williams, 175 S.W.3d 673 (Mo.App.2005) (definition of mootness)
- State ex rel. Reed v. Reardon, 41 S.W.3d 470 (Mo. banc 2001) (mootness doctrine in appellate review)
- T.C.T. v. Shafinia, 351 S.W.3d 34 (Mo.App.2011) (appellate review generally dismisses mootness)
- MacFarlane v. Wheeler, 285 S.W.3d 818 (Mo.App.2009) (public-interest exception to mootness; recurring issues)
- Jenkins v. McLeod, 231 S.W.3d 831 (Mo.App.2007) (timing of mootness exception applicability)