Lange v. Lange

I. Mootness

The majority concludes the controversy in this case became moot when Judge Jones retired. I respectfully dissent.

The issue of mootness may arise at any time since “mootness is not determined solely by examining facts in existence at the commencement of the action. If the issues before a court or administrative body become moot at any time during the course of the proceed*314ings, the usual response should be to dismiss the action.” In re Peoples, 296 N.C. 109, 147, 250 S.E.2d 890, 912 (1978). Our Supreme Court explained the mootness doctrine:

[t]hat a court will not decide a ‘moot’ case…