B.A.B. (In re A.M.V.)

IN THE UTAH COURT OF APPEALS

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In the interest of A.M.V. and A.W.V., persons under eighteen years of age.

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B.A.B.,

Appellant.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030273-CA
 

F I L E D
(February 12, 2004)
 

2004 UT App 30

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First District, Logan Department

The Honorable Gordon J. Low

Attorneys: Kevin J. Fife, Logan, for Appellant

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Before Judges Davis, Jackson, and Thorne.

PER CURIAM:

This case is before the court on Appellant's motion to dismiss on the basis that the issue raised on appeal has been rendered moot. This court granted Appellant's petition for permission to appeal the trial court's interlocutory order requiring Appellant to litigate the issue of whether Utah or Idaho was the children's resident state before the Idaho court.

Appellant had requested that the stepfather of the children be appointed the temporary guardian of the children while Appellant served a jail term related to a criminal conviction. The maternal grandparents, however, also filed a petition for temporary guardianship in Idaho. Pursuant to the UCCJEA, the Utah trial court held a hearing in which counsel for Appellant, counsel for the maternal grandparents, and the Idaho trial judge participated. The court determined that the issue of which state is the children's resident state should be litigated in the Idaho court. Appellant sought immediate appeal of that decision.

During the course of the appeal, circumstances have changed. Specifically, Appellant is not incarcerated and has custody of the children. Moreover, the maternal grandparents have withdrawn their petition for temporary guardianship. Appellant, therefore, argues that the issue of appeal has been rendered moot.

"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." Richards v. Baum, 914 P.2d 719, 720 (Utah 1996); State v. Sims, 881 P.2d 840, 841 (Utah 1994); State v. Davis, 721 P.2d 894, 895 (Utah 1986); Osguthorpe v. Osguthorpe, 872 P.2d 1057, 1058 (Utah App. 1994); Morgan v. Morgan, 854 P.2d 559, 561 (Utah Ct. App. 1993); Reynolds v. Reynolds, 788 P.2d 1044, 1045 (Utah Ct. App. 1990).

The withdrawal of the maternal grandparents' petition for temporary guardianship renders the determination of the children's resident state of no legal effect and, therefore, moot. The motion to dismiss the appeal is granted. The appeal is dismissed as moot.

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James Z. Davis, Judge

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Norman H. Jackson, Judge

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William A. Thorne Jr., Judge