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Moon v. Inv. Bd. of State of Idaho

Supreme Court of Idaho
Apr 14, 1981
102 Idaho 131 (Idaho 1981)

Summary

holding that vacatur of a civil case because of mootness "clears the path for future relitigation of the issues between the parties and eliminates a judgment, review of which was prevented through happenstance. When that procedure is followed, the rights of all parties are preserved; none is prejudiced by a decision. . . ." (quoting United States v. Munsingwear, Inc., 340 U.S. 36, 40, 71 S.Ct. 104, 107, 95 L.Ed. 36, 41 (1950))

Summary of this case from State v. Barclay

Opinion

No. 13333.

April 14, 1981.

APPEAL FROM FOURTH DISTRICT COURT, ADA COUNTY, J. RAY DURTSCHI, J.

Wayne P. Fuller, Spec. Asst. Atty. Gen., Caldwell, for plaintiff-appellant.

David H. Leroy, Atty. Gen., Boise, Thomas C. Frost and Steven M. Parry, Deputy Attys. Gen., Boise, for defendant-respondent.


Appellant brought this action to challenge the constitutionality of I.C. § 67-2743A and the rules and regulations promulgated thereunder by the respondent which provided for the payment by the state of bank service charges. After an adverse decision on the merits below, appellant appealed to this Court. Appellant subsequently moved this Court to remand with directions to dismiss the action as moot. This motion was denied.

Both the statute and the rules have been repealed by the legislature, and we are informed no service charges were ever paid. The issue tried below has become moot, and this Court may properly dismiss the appeal. Downing v. Jacobs, 99 Idaho 127, 578 P.2d 243 (1978); Western Beverage, Inc. v. State, 96 Idaho 588, 532 P.2d 930 (1974). Upon reconsideration, however, we have decided the better practice is to grant appellant's motion and remand with directions to dismiss the action as moot.

Once an action is commenced, it remains pending until the time to appeal has expired, or the appeal proceeds to a final determination. I.R.C.P. 3(a). Thus this case was still pending within the judicial system when it was rendered moot, with no final decision having been reached. As stated in United States v. Munsingwear, Inc., 340 U.S. 36, 40, 71 S.Ct. 104, 107, 95 L.Ed. 36 (1950), with regard to the disposition we have decided upon, this "procedure clears the path for future relitigation of the issues between the parties and eliminates a judgment, review of which was prevented through happenstance. When that procedure is followed, the rights of all parties are preserved; none is prejudiced by a decision which in the statutory scheme was only preliminary."

The judgment of the district court is therefore vacated and the cause remanded with directions to dismiss as moot.

No costs allowed.

BAKES, C.J., and McFADDEN and DONALDSON, JJ., concur.


I would simply dismiss the appeal.


Summaries of

Moon v. Inv. Bd. of State of Idaho

Supreme Court of Idaho
Apr 14, 1981
102 Idaho 131 (Idaho 1981)

holding that vacatur of a civil case because of mootness "clears the path for future relitigation of the issues between the parties and eliminates a judgment, review of which was prevented through happenstance. When that procedure is followed, the rights of all parties are preserved; none is prejudiced by a decision. . . ." (quoting United States v. Munsingwear, Inc., 340 U.S. 36, 40, 71 S.Ct. 104, 107, 95 L.Ed. 36, 41 (1950))

Summary of this case from State v. Barclay

In Moon v. Investment Board of State of Idaho, 102 Idaho 131, 627 P.2d 310 (1981), we vacated the underlying judgment when a constitutional challenge of a statute became moot on appeal because the statute was repealed during the pendency of the appeal.

Summary of this case from Mitchell v. Ramlow
Case details for

Moon v. Inv. Bd. of State of Idaho

Case Details

Full title:Marjorie Ruth MOON, as State Treasurer of the State of Idaho…

Court:Supreme Court of Idaho

Date published: Apr 14, 1981

Citations

102 Idaho 131 (Idaho 1981)
627 P.2d 310

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