Opinion
No. 3-333 / 02-1620
Filed June 13, 2003
Appeal from the Iowa District Court for Johnson County, Sylvia A. Lewis, District Associate Judge.
Parents appeal a dispositional order transferring two children from their custody. APPEAL DISMISSED.
Rockne Cole of Mears Law Office, Iowa City, for appellant-father.
Christine Boyer, Iowa City, for appellant-mother.
Thomas J. Miller, Attorney General, Bruce Kempkes, Assistant Attorney General, J. Patrick White, County Attorney, and Deborah Minot, Assistant County Attorney, for appellee.
L. Jay Stein of Stein, Moreland, Moore Egerton, L.L.P., Iowa City, for minor children.
Thomas Ochs of Gray, Stefani Mitvalsky, P.L.C., Cedar Rapids, for intervenor.
Considered by Sackett, C.J., and Huitink and Vogel, JJ.
Michael S. and Lisa S. appeal from the dispositional order transferring their children from their custody. Subsequent to the entry of the dispositional order, the court entered an order terminating the rights of both parents, and no appeal was taken from that decision. The parents' failure to appeal from the order terminating their parental rights renders this appeal moot. See Iowa Bankers Ass'n v. Iowa Credit Union Dep't, 335 N.W.2d 439, 442 (Iowa 1983) ("A case is moot if it no longer presents a justiciable controversy because the issues involved are academic or nonexistent."). Michael agrees this appeal is moot, but asks us to entertain his appeal under the "public interest" exception to the mootness doctrine. See Rush v. Ray, 332 N.W.2d 325, 326 (Iowa 1983). We find this case inappropriate to apply the exception and accordingly dismiss the appeal of both Michael and Lisa.