Goodson v. Y.M.C.A. Board of Trustees

Dissenting Opinion

Sullivan, J.

I cannot agree with the determination made in the majority opinion to dismiss this appeal as moot. The majority cites Wiltrout, Indiana Practice, Vol. 3, Sec. 2129, in support of its conclusion. To be sure, Wiltrout, § 2129 (2) (f), does state that a question on appeal may become moot by a disposition of the property or interests involved. That same section, however, cites Indiana Annotated Statutes §-2-227 (Burns’ Repl. 1967), which section reads as follows:

“No action shall abate by the death or disability of a party, or by the transfer of any interest therein,…