Lu v. St. Mark's Hospital

Lu v. St. Mark's Hospital

IN THE UTAH COURT OF APPEALS
 

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Keming Lu,

Petitioner,

v.

St. Mark's Hospital and Utah Labor Commission,

Respondent.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20050168-CA
 

F I L E D
(April 28, 2005)
 

2005 UT App 198

 

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Original Proceeding in this Court

Attorneys: Keming Lu, Murray, Petitioner Pro Se

Michael Patrick O'Brien and Bruce Wycoff, Salt Lake City, for Respondent

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Before Judges Bench, Jackson, and Orme.

PER CURIAM:

    Keming Lu petitions for judicial review of an order entered by the Utah Labor Commission Appeals Board (Board), which affirmed the decision of an Administrative Law Judge (ALJ) and denied further relief as moot. This case is before the court on St. Mark's Hospital's (Hospital) motion for summary disposition.

    The ALJ found that the remedies sought by Lu had either been provided by the Hospital or were not available under Utah Code section 34A-5-107(9). See Utah Code Ann. § 34A-5-107(9) (2003). As a result, the ALJ ruled that no actionable controversy remained and dismissed the case as moot.

    Lu filed a motion for review with the Board, which affirmed the ALJ's decision. The Board concluded that Lu's claim was moot and was properly dismissed. Lu then filed a petition for review with this court.

    "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 (quotations and citation omitted). Because the ALJ granted Lu all affirmative relief available under Utah Code section 34A-5-107(9), a decision by the Board on the issues raised by Lu would have had no impact on her rights. See Merhish v. H. A. Folsom & Assocs., 646 P.2d 731, 732 (Utah 1982). "Once a controversy has become moot, a trial court should enter an order of dismissal." Id. at 733.

    The Board was therefore correct in dismissing Lu's petition as moot and its order is affirmed.

______________________________

Russell W. Bench,

Associate Presiding Judge

______________________________

Norman H. Jackson, Judge

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Gregory K. Orme, Judge