Summary
This Mississippi Supreme Court order addresses an interlocutory appeal concerning a chancery court's grant of a commission to depose an out-of-state natural father regarding his consent to a 1984 adoption. After the appellee filed an affidavit waiving the commission and withdrawing the subpoena, the appellate court found the underlying issue moot. Consequently, the court dismissed the appeal as moot, vacated its prior order denying dismissal, and ordered each party to bear its own costs.
Topics
Practice areas
Questions Presented
- Whether the Mississippi Supreme Court may entertain the interlocutory appeal concerning the chancellor's grant of a commission to take an out‑of‑state deposition, or whether the appeal is moot.
- Whether any exception to mootness, such as the capable‑of‑repetition‑but‑evading‑review doctrine, applies.
Holdings
- The appeal is dismissed as moot and the order that initially denied the motion to dismiss is vacated.
Key quotations
“This Court cannot entertain an appeal where there is no actual controversy. McDaniel v. Hurt, 92 Miss. 197, 41 So. 381 (1907).” (41 So. 381)
“Any action taken by this Court, in affirming or reversing the chancellor's decision, would be of no consequence to either party.” (1220)
Factual background
Lisa and Jodey were adopted in 1984 by their step‑father William Gartrell III. In 2005 the natural father, George Joseph Weiss, was subpoenaed for a deposition via a commission issued by the Chancery Court. The appellants moved to quash the subpoena. The appellee later waived the commission and moved to dismiss the appeal as moot.
Procedural history
The Chancery Court granted a commission for an out-of-state deposition. The appellants appealed the grant. While the appeal was pending, the appellee waived the commission and moved to dismiss the appeal as moot. The Supreme Court considered whether the appeal was moot.