R.L. v. P.H.

Supreme Court of Appeals of West Virginia · January 20, 2017 · No. No. 16-0152

Summary

The Supreme Court of Appeals of West Virginia dismissed as moot an appeal concerning a domestic violence protective order that had expired during the appellate proceedings. The court declined to address the appellant's collateral issues because they were not cognizable in the domestic violence proceeding and presented no question of great public interest.

Holdings

  1. The appeal was moot because the domestic violence protective order had expired, and a decision on the order would not provide relief concerning the expired restrictions.
  2. No exception to mootness applied because P.H. identified no collateral consequences, the appeal presented no issue of great public interest, and the Court did not need to reach the third Israel factor to provide guidance in this case.
  3. The financial and property issues raised by P.H. were not cognizable in the domestic violence proceeding and did not justify review of the expired protective order.

Questions Presented

  1. Whether P.H.'s appeal from the denial of his challenge to the domestic violence protective order became moot when the protective order expired.
  2. Whether any exception to mootness permitted review of the expired domestic violence protective order.
  3. Whether P.H.'s challenges concerning R.L.'s handling of his grandmother's finances and property were cognizable in the domestic violence proceeding.

Disposition

dismissed

Cases Cited (6)

  • In re K.H., 235 W. Va. 254, 773 S.E.2d 20 (2015)(followed)
  • In re Jeffrey R.L., 190 W. Va. 24, 435 S.E.2d 162 (1993)(followed)
  • State v. Edward Charles L., 183 W. Va. 641, 398 S.E.2d 123 (1990)(followed)
  • State ex rel. Lilly v. Carter, 63 W. Va. 684, 60 S.E. 873 (1908)(followed)
  • State ex rel. McCabe v. Seifert, 220 W. Va. 79, 640 S.E.2d 142 (2006)(followed)
  • Israel by Israel v. Secondary Schools Activities Commission, 182 W. Va. 454, 388 S.E.2d 480 (1989)(followed)

Cited In (0)

No citing cases on record yet.

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