Opinion
No. 1 CA-JV 11-0169 No. JD20176
12-13-2011
CHRYSTAL B., Appellant, v. ARIZONA DEPARTMENT OF ECONOMIC SECURITY, MARCIA V., ZACHARY B., Appellees.
Court of Appeals Division One
Maricopa County Superior Court
DECISION ORDER
The court, Presiding Judge Patricia K. Norris and Judges Margaret H. Downie and John C. Gemmill participating, has considered this appeal.
Chrystal B. ("Mother") filed a motion in the juvenile court to change physical custody of her dependent son from his maternal grandmother to Patricia C., his maternal great aunt. After an evidentiary hearing, the juvenile court denied Mother's motion. Mother appealed from the denial of her motion. Two months later, at a hearing in the ongoing dependency case, Mother advised the court that Patricia C. was "no longer willing to be a placement for the child."
In its answering brief, the Arizona Department of Economic Security (ADES) argued that Mother's appeal is moot. Mother did not file a reply brief and has therefore not contested ADES's claim.
When circumstances in a case change to the extent that a reviewing court's action would have no effect on the parties, the issue becomes moot for purposes of appeal. Vinson v. Marton & Assocs., 159 Ariz. 1, 4, 764 P.2d 736, 739 (App. 1988) (citation omitted). In such a case, we may dismiss the appeal. Dougherty v. Ellsberry, 45 Ariz. 175, 175, 41 P.2d 236, 236 (1935) (dismissing appeal because the issue of whether to recall a director was moot once the director's term of office expired).
There is no present controversy requiring judicial determination. Even if Mother were to prevail on appeal, the record establishes that Patricia C. is no longer willing to accept custody. Although we may consider cases that have become moot when significant questions of public importance are presented and are likely to recur, see Big D Constr. Corp. v. Court of Appeals, 163 Ariz. 560, 563, 789 P.2d 1061, 1064 (1990) (citation omitted), that is not the case here.
IT IS ORDERED dismissing this appeal as moot and vacating this matter from the court's January 19, 2012 calendar.
_______________________
MARGARET H. DOWNIE, Judge