Opinion
NO. 2018-CA-0534-ME NO. 2018-CA-0535-ME NO. 2018-CA-0536-ME NO. 2018-CA-0537-ME NO. 2018-CA-0538-ME
10-09-2020
A.S. APPELLANT v. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY; AND K.S., A MINOR CHILD APPELLEES AND A.S. APPELLANT v. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY; AND M.S., A MINOR CHILD APPELLEES AND A.S. APPELLANT v. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY; AND G.S., A MINOR CHILD APPELLEES AND A.S. APPELLANT v. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY; AND S.S., A MINOR CHILD APPELLEES AND A.S. APPELLANT v. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY; AND B.S., A MINOR CHILD APPELLEES
BRIEFS FOR APPELLANT: Zack McKee Louisville, Kentucky BRIEF FOR APPELLEE CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY: Diane Minnifield Assistant Fayette County Attorney Lexington, Kentucky
NOT TO BE PUBLISHED APPEAL FROM FAYETTE CIRCUIT COURT FAMILY COURT DIVISION
HONORABLE KATHY STEIN, JUDGE
ACTION NOS. 16-J-01196 AND 16-J-01196-001 APPEAL FROM FAYETTE CIRCUIT COURT FAMILY COURT DIVISION
HONORABLE KATHY STEIN, JUDGE
ACTION NOS. 16-J-01197 AND 16-J-01197-001 APPEAL FROM FAYETTE CIRCUIT COURT FAMILY COURT DIVISION
HONORABLE KATHY STEIN, JUDGE
ACTION NOS. 16-J-01198 AND 16-J-01198-001 APPEAL FROM FAYETTE CIRCUIT COURT FAMILY COURT DIVISION
HONORABLE KATHY STEIN, JUDGE
ACTION NOS. 16-J-01199 AND 16-J-01199-001 APPEAL FROM FAYETTE CIRCUIT COURT FAMILY COURT DIVISION
HONORABLE KATHY STEIN, JUDGE
ACTION NOS. 16-J-01200 AND 16-J-01200-001 OPINION AND ORDER
DISMISSING
** ** ** ** **
BEFORE: LAMBERT, TAYLOR, AND L. THOMPSON, JUDGES. TAYLOR, JUDGE: A.S. brings these appeals from March 5, 2018, orders of the Fayette Circuit Court, Family Court Division (family court) placing her five children in the temporary custody of the Cabinet for Health and Family Services, Commonwealth of Kentucky (Cabinet) due to dependency, neglect, or abuse of said children. While the above-styled appeals were pending, the family court involuntarily terminated A.S.'s parental rights as to these five children. A.S. filed appeals from the orders involuntarily terminating her parental rights to each of her five children (Appeal Nos. 2019-CA-0059-ME, 2019-CA-0060-ME, 2019-CA-0061-ME, 2019-CA-0062-ME, and 2019-CA-0063-ME). By Opinion rendered August 21, 2020, this Court affirmed the family court orders involuntarily terminating A.S.'s parental rights to the five children.
It is well-established that "an appellate court is required to dismiss an appeal when a change in circumstance renders that court unable to grant meaningful relief to either party." Commonwealth, Ky. Bd. of Nursing v. Sullivan Univ. Sys., Inc., 433 S.W.3d 341, 344 (Ky. 2014) (quoting Med. Vision Group, P.S.C. v. Philpot, 261 S.W.3d 485, 491 (Ky. 2008)). If an appeal is moot, this Court is deprived of jurisdiction as no actual case or controversy exists. Sullivan Univ. Sys., Inc., 433 S.W.3d at 344 (citing Commonwealth v. Hughes, 873 S.W.2d 828, 829 (Ky. 1994)).
As A.S.'s parental rights have been terminated and this Court affirmed such terminations, we are unable to grant A.S. any meaningful relief in the above-styled appeals from orders adjudicating her five children to be dependent, neglected, or abused. Consequently, these appeals are moot, and this Court is deprived of jurisdiction to consider them.
Now, therefore, be it ORDERED that Appeal Nos. 2018-CA-0534-ME, 2018-CA-0535-ME, 2018-CA-0536-ME, 2018-CA-0537-ME, and 2018-CA-0538-ME are hereby DISMISSED as moot.
ALL CONCUR.
ENTERED: October 9, 2020
/s/_________
JUDGE, COURT OF APPEALS
BRIEFS FOR APPELLANT:
Zack McKee
Louisville, Kentucky
BRIEF FOR APPELLEE CABINET
FOR HEALTH AND FAMILY
SERVICES, COMMONWEALTH
OF KENTUCKY:
Diane Minnifield
Assistant Fayette County Attorney
Lexington, Kentucky