Legal Opinion · Dissent

Lenz v. L.E. Phillips Career Development Center

Wisconsin Supreme Court

Decided April 1, 1992No. 89-1197Published

1DissentSteinmetz, J.

(dissenting.) I dissent from the majority opinion for the reasons that follow. First, the present case is moot. A case is moot when a final determination has no practical effect upon the existing controversy. State ex rel. McDonald v. Douglas Cty. Cir. Ct., *95100 Wis. 2d 569, 572, 302 N.W.2d 462 (1981). L.W. passed away while his case was pending on appeal. Consequently, a final determination has no practical effect upon L.W.'s controversy. Although this court has the authority to decide an issue when a matter has become moot as to the parties before it, I believe we should not have granted the…

2Cases cited6 opinions

  1. Cruzan Ex Rel. Cruzan v. Director, Missouri Department of HealthSupreme Court of the United States · 1990
  2. Eberhardy v. Circuit Court for Wood CountyWisconsin Supreme Court · 1981
  3. State Ex Rel. McDonald v. Circuit Court for Douglas CountyWisconsin Supreme Court · 1981
  4. Fidelity Savings Bank v. AulikWisconsin Supreme Court · 1948
  5. State Ex Rel. Steiger v. EichWisconsin Supreme Court · 1978

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