State of Utah, v. Graves

----ooOoo----

State of Utah,
Plaintiff and Appellee,

v.

Joshua Allen Graves,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20000852-CA

F I L E D
April 11, 2002 2002 UT App 113 -----

Seventh District, Price Department
The Honorable Bryce K. Bryner

Attorneys:
David M. Allred, Castle Dale, for Appellant
Mark L. Shurtleff and Laura B. Dupaix, Salt Lake City for Appellee

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Before Judges Bench, Orme, and Thorne.

PER CURIAM:

This case is before the court on its own motion for summary disposition, pursuant to Rule 10(e) of the Utah Rules of Appellate Procedure, on the basis that no substantial question is presented because the issue raised on appeal has become moot. Both parties agree the appeal has been rendered moot by the ruling.

A suggestion of mootness filed pursuant to rule 37 of the Utah Rules of Appellate Procedure, in an appeal of right, requires filing of a voluntary dismissal under rule 37(b), when both parties agree the appeal is moot. However, because we decide this appeal under rule 10 of the Utah Rules of Appellate Procedure, and determine that no substantial question of law remains because the appeal is moot, we do not require the filing of a voluntary dismissal.
 
 

______________________________
Russell W. Bench, Judge
 
 

______________________________
Gregory K. Orme, Judge
 
 

______________________________
William A. Thorne Jr., Judge