127 Conn. App. 602
Conn. App. Ct.2011Background
- Santos, Sr. and Morrissey are the parents of a child born in 2001 who has ongoing disputes over parenting time since 2003.
- In November 2006 Santos sought modification alleging incarceration as a substantial change in circumstances, seeking reduced child support, joint legal custody, and four hours of supervised visitation weekly.
- On August 26, 2008 the trial court denied modification and awarded Morrissey sole custody with visitation at her discretion, denying Santos visitation.
- During the pendency of Santos' appeal, Santos filed another motion for modification on February 4, 2010, claiming changed circumstances due to release from incarceration, seeking joint custody and visitation discussion.
- On January 4, 2011 the court ordered sole custody and primary residence with Morrissey, but granted Santos supervised visits as recommended by a licensed clinical psychologist.
- On January 13, 2011 Morrissey moved to dismiss the appeal as moot because the January 2011 order superseded the August 2008 order; the appellate court agreed and dismissed for lack of subject matter jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is moot due to superseding custody order | Santos argues the 2011 order did not resolve the issues on appeal. | Morrissey contends the 2011 order supersedes the 2008 order, eliminating practical relief. | Appeal dismissed as moot; no practical relief remains. |
Key Cases Cited
- Reveron v. Board of Firearms Permit Examiners, 123 Conn.App. 475 (2010) (mootness when no practical relief remains)
- Zampano v. L.G. DeFelice, Inc., 30 Conn.App. 801 (1993) (statutory appeal defenses mootness context)
- Carpenter v. Carpenter, 7 Conn.App. 112 (1986) (mootness and lack of appellate relief)