IN THE MATTER OF THE GUARDIANSHIP OF DOORNBOS

IN THE MATTER OF THE GUARDIANSHIP OF DOORNBOS
2006 OK 94
151 P.3d 126
Case Number: 103138, Companion w/103341
Decided: 12/12/2006

THE SUPREME COURT OF THE STATE OF OKLAHOMA

IN THE MATTER OF THE GUARDIANSHIP OF CHARLES FOSTER DOORNBOS, an incapacitated person.
DARIAN DOORNBOS KEDY, Appellee,
v.
PATRICIA DOORNBOS, Appellant.

MEMORANDUM OPINION

PER CURIAM

¶1 This appeal is taken from the trial court order granting the petition for general guardianship brought by the ward's daughter, Darian Doornbos Kedy. While this and related appeals were pending in this Court, Mr. Doornbos, the ward, died.

¶2 This Court has consistently held that it will not decide abstract or hypothetical questions when no practical relief will result. Rogers v. Excise Bd.,

¶3 Appellant, Patricia Doornbos, Mr. Doornbos's wife, contends that the issue of his residency and/or domicile is not moot because it will continue to be an issue in the probate of Mr. Doornbos's estate. While that may be true,

¶4 Mrs. Doornbos urges this Court to nevertheless use this appeal to clarify the standards to be applied to a determination of residency and/or domicile because it has substantial and broad public interest. Substantial and broad public interest is a recognized exception to the mootness doctrine. Westinghouse ,

¶5 In the alternative, Mrs. Doornbos has asked the Court to dismiss the guardianship petition as if it never occurred to avoid the preclusive effect of an unappealed, final judgment. Miller v. Miller,

¶6 This matter, including all pending motions, is dismissed as moot. In addition, companion appeal no. 103,341 and related appeal no. 103,112 have both been dismissed as moot today in separate, unpublished orders.

DISMISSED

CONCUR: Watt, C.J., Winchester, V.C.J., Lavender, Opala, Kauger, Edmondson, Taylor, Colbert, JJ.

DISQUALIFIED: Hargrave, J.

FOOTNOTES