Schroeder v. Hunn
2011 Mo. App. LEXIS 627
| Mo. Ct. App. | 2011Background
- Debra Schroeder filed an ex parte Petition for a Child Protection Order on behalf of her 15-year-old daughter R.H. on Nov 20, 2009 under the Child Protection Orders Act (Mo. Rev. Stat. §§ 455.510-520).
- The trial court issued an ex parte order the same day.
- On Apr 7, 2010, the trial court entered a Judgment and Full Order of Protection in Schroeder’s favor.
- The Full Order of Protection expired on Apr 6, 2011 and was not extended.
- Andrew Hunn appeals the judgment and order, but the appeal is moot because the order expired and no extension was granted.
- The court dismisses the appeal as moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the appeal moot due to expiration of the order? | Hunn argues collateral consequences justify review. | Schroeder argues mootness; no continuing effect. | Moot; appeal dismissed. |
| If not moot, did the petition confer jurisdiction or the evidence support the judgment? | Hunn contends lack of jurisdiction/insufficient evidence. | Schroeder contends evidence supports order. | Court did not reach on merits; dismissed as moot. |
Key Cases Cited
- Armstrong v. Elmore, 990 S.W.2d 62 (Mo.App. W.D.1999) (threshold mootness question for appellate review)
- Thruston v. Jefferson City Sch. Dist., 95 S.W.3d 131 (Mo.App. W.D.2003) (mootness may be raised sua sponte)
- State ex rel. Reed v. Reardon, 41 S.W.3d 470 (Mo. banc 2001) (mootness principles cited by courts of appeal)
- MacFarlane v. Wheeler, 285 S.W.3d 424 (Mo.App. E.D.2009) (recurring issue exception to mootness dismissals analyzed)
- Hannah v. McCubbin, 21 S.W.3d 125 (Mo.App. W.D.2000) (mootness dismissal of full order of protection appeals)