Bond v. Koyle

----ooOoo----

Marvis Bond and Joan Bond,
Plaintiffs and Appellees,

v.

Sherwin Koyle,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 990212-CA

F I L E D
March 9, 2000
  2000 UT App 59 -----

Fourth District, Provo Department
The Honorable Steven L. Hansen

Attorneys:
Leslie W. Slaugh, Provo, for Appellant
Thomas L. Low, Heber City, for Appellees

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Before Judges Greenwood, Jackson, and Billings.

PER CURIAM:

An issue on appeal is moot when "the requested judicial relief cannot affect the rights of the litigants." State v. Sims, 881 P.2d 840, 841 (Utah 1994) (citations omitted). Mr. Koyle seeks to appeal the December 8, 1998 order providing for visitation between the Bonds and their grandson, Bryan Koyle.(1) However, after filing his notice of appeal, Mr. Koyle filed a petition to modify the December 8, 1998 order. The Bonds agreed that the prior orders of the trial court "be modified to include a provision that Bryan Koyle is not required [to] participate in visitation if he does not desire to do so."

Moreover, the Bonds are unable to exercise visitation which Mr. Koyle seeks to prohibit. Mr. Bond is dead. Mrs. Bond is incapacitated. According to the representations of her attorney, Mrs. Bond is wheelchair-bound, paralyzed on her right side, and requires ongoing medical care.

Because Mr. Koyle has the relief he is seeking and we cannot put him in a better position than he is already in, his claims are moot. The appeal is dismissed. The parties are to bear their own costs on appeal.
 
 
 
 

______________________________
Pamela T. Greenwood,
Presiding Judge
 
 
 
 

______________________________
Norman H. Jackson,
Associate Presiding Judge
 
 
 
 

______________________________
Judith M. Billings, Judge

1. The Bonds' daughter, Bryan's mother, died as a result of child birth complications.