Gervin v. Gervin

CADENA, Chief, Justice,

dissenting.

I cannot quarrel with the statement that an appellate court will decline to review a case when the questions involved on the appeal have become moot, abstract or hypothetical. But I disagree with the conclusion that such rule is applicable in this ease. I would review the manner in which the trial court divided the estate of the parties.

The inability of the majority to “perceive an actual controversy between the parties at this time” is due to the fact that the majority is blinded by the fact that, since the rendition of the divorce decree, Joyce and George…