Llewellyn Marczuk v. Mary Griffin-Orellano
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ARKANSAS COURT OF APPEALS
DIVISION I
No. CA08-405
Opinion Delivered
LLEWELLYN MARCZUK
APPELLANT
December 3, 2008
APPEAL FROM THE PULASKI
COUNTY CIRCUIT COURT,
[NO. DR 2007-4098]
V.
HONORABLE MACKIE M. PIERCE,
JUDGE
MARY GRIFFIN-ORELLANO
APPELLEE
APPEAL DISMISSED
LARRY D. VAUGHT, Judge
Appellant Llewellyn Marczuk brings this pro se appeal from the order of protection
entered by the Pulaski County Circuit Court on October 10, 2007, in favor of Marczuk’s
former wife, appellee Mary Griffin-Orellano, and the parties’ minor son, G.M. We dismiss
the appeal as moot.
The parties were divorced in 2001. On August 17, 2007, Griffin-Orellano filed a
“Petition for an Order of Protection” on behalf of herself and G.M. An ex parte temporary
order of protection was entered that same day. On September 6, 2007, Griffin-Orellano filed
an amended petition. After a hearing in which both parties and G.M. testified, the court
entered an order of protection that was to expire on March 9, 2008. The order of protection
was extended to September 5, 2008.
In Gee v. Harris, 94 Ark. App. 32, 223 S.W.3d 88 (2006), we dismissed as moot an
appeal from an order of protection where the order had expired prior to the appeal being
heard. We reasoned that any damage had already been done and that any decision on appeal
would not have any practical legal effect upon an existing legal controversy. Here, the order
of protection expired on September 5, 2008. Therefore, any injury Marczuk suffered as a
result of the entry of the order has already occurred and cannot be undone. Gee, supra.
Appeal dismissed.
G LADWIN and H UNT, JJ., agree.
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