Legal Opinion · Dissent

Good Hope Health System, LLC v. N.C. Department of Health & Human Services

Court of Appeals of North Carolina

Decided January 3, 2006No. COA05-123Published

1DissentTyson, Judge

I. Mootness

The majority’s opinion cites In re Denial of Request by Humana Hospital Corp. and applies the mootness doctrine to GHHS’s appeal. 78 N.C. App. 637, 640, 338 S.E.2d 139, 141 (1986). In Humana, this *303Court stated, “[t]he doctrine of mootness is applicable to an appellate proceeding where the original question in controversy is no longer at issue.” 78 N.C. App. at 640, 338 S.E.2d at 141.

A case is considered moot when “a determination is sought on a matter which, when rendered, cannot have any practical effect on the existing controversy.” Roberts v. Madison Cty. Realtors Ass’n, 344…

2Cases cited7 opinions

  1. In Re Inquiry Concerning a Judge No. 53 PeoplesSupreme Court of North Carolina · 1978
  2. North Carolina Department of Environment & Natural Resources v. CarrollSupreme Court of North Carolina · 2004
  3. Walker v. North Carolina Department of Human ResourcesCourt of Appeals of North Carolina · 1990
  4. Lange v. LangeSupreme Court of North Carolina · 2003
  5. Christenbury Surgery Center v. North Carolina Department of Health & Human ServicesCourt of Appeals of North Carolina · 2000

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