Opinion
No. 6-787 / 06-0303
November 16, 2006.
Appeal from the Iowa District Court for Scott County, Bobbi M. Alpers, Judge.
Todd Taylor appeals the entry of a temporary protective order. APPEAL DISMISSED.
Cynthia Z. Taylor of Zamora, Taylor, Alexander, Woods Frederick, Davenport, for appellant.
Sharon Sinnard, Bettendorf, for appellee.
Michelle Taylor, Davenport, pro se.
Considered by Sackett, C.J., and Vaitheswaran, J., and Brown, S.J.
Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2005).
This appeal requires us to consider the doctrine of mootness. Lewis Inv., Inc. v. City of Iowa City, 703 N.W.2d 180, 183 (Iowa 2005) (quoting State v. Hernandez-Lopez, 639 N.W.2d 226, 234 (Iowa 2002)) ("Ordinarily, an appeal is deemed moot if the issue becomes nonexistent or academic and, consequently no longer involves a justiciable controversy."). Although the appellee has not raised this doctrine, we may consider the issue on our own motion. In re Troester's Estate, 331 N.W.2d 123, 127 (Iowa 1983). In doing so, we may resort to matters outside the record. Iowa Mut. Ins. Co. v. McCarthy, 572 N.W.2d 537, 540 n. 1 (Iowa 1997).
Todd Taylor filed a dissolution petition. Michelle Taylor countered with a petition for relief from domestic abuse. The district court entered a temporary protective order, which was to remain in effect "until modified, terminated or superseded by a later written order, until the case is dismissed, or until a decree is issued in this dissolution." Todd appealed that order.
After the notice of appeal was filed, Michelle sought and obtained a dismissal of the temporary protection order. Recently, the district court also filed a dissolution decree. Both events render Todd's appeal moot.