K.G. v. State (In re J.L.)

K.G. v. State (In re J.L.)

IN THE UTAH COURT OF APPEALS
 

----ooOoo----

State of Utah, in the interest of J.L.,
a person under eighteen years of age.

______________________________

K.G.,

Appellant,

v.

State of Utah,

Appellee.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20040878-CA
 

F I L E D
January 21, 2005
 

2005 UT App 18

 

-----

Second District Juvenile, Farmington Department

The Honorable Diane W. Wilkins

Attorneys: Scott L. Wiggins, Salt Lake City, and Daniel G. Shumway, Layton, for Appellant

Mark L. Shurtleff and John M. Peterson, Salt Lake City, for Appellees

Martha Pierce, Salt Lake City, Guardian Ad Litem

-----

Before Judges Billings, Bench, and Greenwood.

PER CURIAM:

    K.G. appeals from an order entered by the juvenile court, disposing of K.G.'s objection to an order lifting stayed jail time. This case is before the court on the State's suggestion of mootness.

    On December 15, 2004, the juvenile court entered findings of fact, conclusions of law, and an order that released the Division of Child and Family Services, the Guardian ad Litem, and the Public Defender from this matter, and specifically terminated juvenile court jurisdiction.

    "An issue on appeal is considered moot when the requested judicial relief cannot affect the rights of the litigants." State v. Vicente, 2004 UT 6,¶3, 84 P.3d 1191 (citation and quotations omitted). "This court generally does not consider mooted questions on appeal." Id. K.G.'s appeal was contingent upon the continued jurisdiction of the juvenile court. Because the juvenile court dismissed the underlying action and terminated its jurisdiction over the parties, a decision by this court on the issues raised by K.G. would have no impact on her rights. Therefore, we decline to address the questions raised by K.G. regarding the order.

    Accordingly, we dismiss the appeal as moot.

______________________________

Judith M. Billings,

Presiding Judge

______________________________

Russell W. Bench,

Associate Presiding Judge

______________________________

Pamela T. Greenwood, Judge