A Georgia appellate court must dismiss an appeal that has become moot, but there are exceptions worth knowing about.
When Is an Appeal Moot?
Under OCGA 5-6-48(b)(3), mootness is one of only three grounds on which a Georgia appellate court may refuse to consider an appeal. An appeal is moot when a ruling would have no practical effect on a real controversy, such as when the order you are appealing has already expired or when you would gain nothing from winning.
The Three Exceptions
However, In re T.H., 319 Ga. App. 216 (2012) held that there are three exceptions to the mootness rule: (1) a ruling that “addresses an issue of significant public concern,” (2) one that “involves an alleged error that is capable of repetition in future proceedings, yet evades appellate review,” (3) or one that “creates collateral consequences that will continue to plague the affected party.”
Examples in Family Law Cases
For example, in Buchheit v. Stinson, 260 Ga. App. 450 (2003), a six-month family violence protective order expired before the appeal was decided. Even though the case was technically “moot,” the appeal was not dismissed and the court reasoned that “it often is not feasible to reach the merits of this type of appeal during the six-month window.”
Similarly, in Cannon v. Cannon, 270 Ga. 640 (1999), the wife died while her alimony appeal was pending. Nevertheless, her appeal was not dismissed because alimony was still owed to her estate.
Contact Us
This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!