Permissive appeal by two of several defendants from trial court’s holding adverse to them on plaintiff’s application for adjudication of law points. Appeal dismissed.
By action against Herbert Oliver Johnson, Ray E. Limbrecht and others, plaintiff attorney general sought redress pursuant to Code § 713.24 for consumer frauds allegedly perpetrated upon multiple individuals.
Subsequent to perfection of the instant appeal by Johnson and Limbrecht the attorney general voluntarily dismissed, without prejudice, the foundational district court action. Thereafter the parties hereto appeared by counsel before this court and presented oral arguments.
Our holding infra makes errors assigned inconsequential.
I. In Cooley v. Ensign-Bickford Company,
By the same token issues presented in a case on appeal become moot if an opinion thereon would be of no force or effect as to the underlying controversy. See Nitta v. Kuda,
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II. This court has also repeatedly held it is neither our duty nor do we have authority to issue advisory opinions. See e. g., Morris v. Morris,
III. Since the case from which this appeal stems is now nonexistent there is no alternative but to order the dismissal hereof. See generally Helland v. Yellow Freight System, Inc.,
Costs hereof taxed to plaintiff.
Appeal dismissed.
