Norma E v. David K et al

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NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24 IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE NORMA E., ) ) Appellant, ) ) v. ) ) DAVID K., WENDY K., MEGAN K., ) ) Appellees. ) ) __________________________________) DIVISION ONE FILED: 01/17/2012 RUTH A. WILLINGHAM, CLERK BY: DLL No. 1 CA-JV 11-0168 DEPARTMENT D Mohave County Superior Court No. AD2010-0036 DECISION ORDER This appeal has been considered by Presiding Judge Peter B. Swann and Judges Michael J. Brown and Jon W. Thompson. Because the only issue raised is now moot, we dismiss the appeal. Norma E. ( Mother ) challenges the juvenile court s order granting the adoption of her biological daughter ( the child ) by the child s step-mother. In April filed a petition to adopt the child. 2010, the step-mother At the same time, the child s father, David K. ( Father ), petitioned the court to terminate Mother s parental rights to the child. Following a severance hearing, the court granted the petition to terminate Mother s rights. Mother appealed the termination order and this court affirmed. See Norma E., 1 CA-JV 11-0049 (Ariz. App. July 14, 2011) (mem. decision). On August 12, the juvenile court set the final adoption hearing for August 25. On August 15, Mother filed a petition for review with the Arizona Supreme Court and, in the juvenile court, she filed a motion to vacate the adoption hearing pending juvenile resolution court denied of the the petition motion granted the petition to adopt. to for vacate review. and The ultimately Mother timely appealed the order of adoption. Mother argues jurisdiction to on appeal enter a that final the order juvenile of court adoption lacked while her petition for review of the termination order was still pending. Assuming without deciding that Mother has standing to challenge the adoption because the order, issue we she decline raises to is address moot. Mother s See Stop appeal Exploiting Taxpayers v. Jones, 211 Ariz. 576, 578, ¶ 6, 125 P.3d 396, 398 (App. 2005) questions. ). where as a ( Generally, a court will not consider moot A decision becomes moot for purposes of appeal result of a change of circumstances before the appellate decision, action by the reviewing court would have no effect on the parties. Vinson v. Marton & Assocs., 159 Ariz. 1, 4, 764 P.2d 736, 739 (App. 1988). On October 25, Mother s petition parental rights (order). to 2011, for the the review Arizona of child. the See Supreme order Norma Court denied terminating E., her CV-11-0249-PR Thus, Mother s argument is moot because even if we 2 were to decide the appeal challenging the adoption order in her favor, it would have no effect on her parental rights to the child, which have been terminated. For the foregoing reasons, IT IS ORDERED dismissing this appeal. /s/ _________________________________ MICHAEL J. BROWN, Judge 3

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