Opinion
No. 4-223 / 03-1419
April 14, 2004.
Appeal from the Iowa District Court for Black Hawk County, Margaret Lingreen, Judge.
J.P. appeals the revocation of her out-patient committal status. DISMISSED.
Andrew Abbott of Dunakey Klatt, P.C., Waterloo, for appellant.
A.P., Cedar Falls, appellee pro se.
Considered by Huitink, P.J., and Vogel and Mahan, JJ.
On March 25, 2003, a judicial hospitalization referee determined Julie was a chronic substance abuser, pursuant to Iowa Code section 125.75 (2003). Julie was ordered to be placed in an in-patient treatment program. On April 8, 2003, she was transferred to an intensive out-patient program.
On August 8, 2003, Julie's daughter filed an application seeking to revoke Julie's out-patient status. After a hearing, the judicial hospitalization referee determined Julie's out-patient status should be revoked and she should receive in-patient treatment. Julie appealed to the district court. The district court dismissed Julie's appeal. Julie appeals.
We note Julie was transferred to out-patient treatment on September 8, 2003. An appeal is moot "if it no longer presents a justiciable controversy because [the contested issue] has become academic or nonexistent." In re M.T., 625 N.W.2d 702, 704 (Iowa 2001) (quoting In re D.C.V., 569 N.W.2d 489, 494 (Iowa 1997)). In M.T., the court stated:
We think the present appeal is moot. M.T. is no longer subject to the inpatient treatment order that resulted from the challenged hearing. Moreover, he does not contest his commitment to outpatient treatment. Any ruling in this case will not affect his current commitment order under these circumstances.
M.T., 625 N.W.2d at 705. We conclude this appeal should be dismissed because it is moot.