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Moore-Hansen v. Pope

March 31, 1997

JANET M. MOORE-HANSEN, AKA JANET M. MOORE, CONSOLIDATED WITH RESPONDENT,
v.
RICHARD L. POPE, JR., APPELLANT.



Appeal from Superior Court of King County. Docket No: 92-3-08658-5. Date filed: 02/15/95. Judge signing: Hon. Carol Schapira.

Authored by Susan R. Agid. Concurring: H. Joseph Coleman, Ann L. Ellington.

The opinion of the court was delivered by: Agid

AGID, J. -- Richard Pope appeals from the district court's renewal of the anti-harassment order issued to Janet Moore-Hansen. He argues that the district court applied the wrong standard for renewal and that it did not have jurisdiction to renew the order. *fn1 We decline to reach the merits of Mr. Pope's issues and dismiss his appeal as moot because the order has expired and we can provide no relief. In addition, although we recognize that the order may be renewed again, we do not believe that the appeals raise any issues of substantial public interest which require review even though they are moot.

A case is moot when the court cannot provide adequate relief to the parties and the issues are thus merely academic. In re Marriage of T., 68 Wash. App. 329, 336, 842 P.2d 1010 (1993). In general, this court will not review a moot case unless it presents issues of continuing public interest or we determine that a decision on the merits is appropriate, considering "(1) the public or private nature of the question presented; (2) the desirability of an authoritative determination which will provide future guidance to public officers; and (3) the likelihood that the question will recur." In re Swanson, 115 Wash. 2d 21, 24, 793 P.2d 962, amended, 804 P.2d 1 (1990) (quoting Dunner v. McLaughlin, 100 Wash. 2d 832, 838, 676 P.2d 444 (1984)).

While Mr. Pope has presented a number of issues about the trial court's jurisdiction to renew Moore-Hansen's order, these issues, as well the question of whether the trial court applied the appropriate standard for renewal, are based entirely on the peculiar facts of the case and thus do not meet the criteria for review in a moot case.

Dismissed.

WE CONCUR:

H. Joseph Coleman

Ann L. ...


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