Thompson v. Thompson

----ooOoo---- In the matter of the adoption of J.S.C, a minor.
 

Cynthia C. Thompson nka Cynthia Atkinson, 

Petitioner,

v.

Brian D. Thompson,

Respondent. )
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  MEMORANDUM DECISION
(Not For Official Publication)

Case No. 971737-CA

F I L E D
(December 24, 1998)

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Third District Juvenile, Tooele Department
The Honorable Leon A. Dever

Attorneys:
Russell Y. Minas, Salt Lake City, for Petitioner
James A. McPhie, Salt Lake City, for Respondent

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Before Judges Wilkins, Bench, and Orme.

PER CURIAM:

This matter is before the court on its own suggestion of mootness.

By the subject interlocutory appeal, petitioner sought to contest an order of the Third District Judicial Court allowing respondent to resume visiting J.S.C. (The divorce decree had given respondent visitation rights though he failed to exercise those rights for many years.) In a separate action, the Third District Juvenile Court recently entered an order terminating the parental rights of respondent.

"An appeal is moot if during the pendency of the appeal circumstances change so that the controversy is eliminated, thereby rendering the relief requested impossible or of no legal effect." See Richards v. Baum, 914 P.2d 719, 720 (Utah 1996) (quoting Franklin Financial v. New Empire Development Company, 659 P.2d 1040, 1043 (Utah 1983)). Respondent concedes that the appeal has become moot, but argues that this court could elect to hear the appeal based upon the exceptions to mootness enumerated in Wickham v. Fisher, 629 P.2d 896, 899 (Utah 1981) (a court may consider a case that is "technically moot as to a particular litigant at the time of appeal, [if the case] is of wide concern, affects the public interest, is likely to recur in a similar manner, and, because of the brief time any one person is affected, would otherwise likely escape judicial review") (citations omitted). Because we conclude that none of the mootness exceptions are applicable to this case, we dismiss the appeal.

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Michael J. Wilkins, Associate Presiding Judge

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Russell W. Bench, Judge

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Gregory K. Orme, Judge