IN RE THE MARRIAGE OF TODD M. TAYLOR AND MICHELLE L. TAYLOR Upon the Petition of TODD M. TAYLOR, Petitioner-Appellant, And Concerning MICHELLE L. TAYLOR, Respondent-Appellee.
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IN THE COURT OF APPEALS OF IOWA
No. 6-787 / 06-0303
Filed November 16, 2006
IN RE THE MARRIAGE OF TODD M. TAYLOR
AND MICHELLE L. TAYLOR
Upon the Petition of
TODD M. TAYLOR,
Petitioner-Appellant,
And Concerning
MICHELLE L. TAYLOR,
Respondent-Appellee.
________________________________________________________________
Appeal from the Iowa District Court for Scott County, Bobbi M. Alpers,
Judge.
Todd Taylor appeals the entry of a temporary protective order. APPEAL
DISMISSED.
Cynthia Z. Taylor of Zamora, Taylor, Alexander, Woods & Frederick,
Davenport, for appellant.
Sharon Sinnard, Bettendorf, for appellee.
Michelle Taylor, Davenport, pro se.
Considered by Sackett, C.J., and Vaitheswaran, J., and Brown, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2005).
2
VAITHESWARAN, J.
This appeal requires us to consider the doctrine of mootness. Lewis Inv.,
Inc. v. City of Iowa City, 703 N.W.2d 180, 183 (Iowa 2005) (quoting State v.
Hernandez-Lopez, 639 N.W.2d 226, 234 (Iowa 2002)) (“Ordinarily, an appeal is
deemed moot if the issue becomes nonexistent or academic and, consequently
no longer involves a justiciable controversy.”). Although the appellee has not
raised this doctrine, we may consider the issue on our own motion.
In re
Troester’s Estate, 331 N.W.2d 123, 127 (Iowa 1983). In doing so, we may resort
to matters outside the record. Iowa Mut. Ins. Co. v. McCarthy, 572 N.W.2d 537,
540 n.1 (Iowa 1997).
Todd Taylor filed a dissolution petition. Michelle Taylor countered with a
petition for relief from domestic abuse. The district court entered a temporary
protective order, which was to remain in effect “until modified, terminated or
superseded by a later written order, until the case is dismissed, or until a decree
is issued in this dissolution.” Todd appealed that order.
After the notice of appeal was filed, Michelle sought and obtained a
dismissal of the temporary protection order. Recently, the district court also filed
a dissolution decree. Both events render Todd’s appeal moot.
APPEAL DISMISSED.
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