Opinion
May 4, 1971.
Editorial Note:
This case has been marked 'not for publication' by the court.
West & Winters, William L. West, Greeley, for plaintiff-appellee.
Roger E. Stevens, Boulder, for defendant-appellant.
PIERCE, Judge.
Defendant husband appeals an order by the trial court granting custody of the parties' children to their mother, subject to a review by the trial court within six months. Inasmuch as the order appealed from has been superseded by a final order after a full hearing by the trial court, no controversy in regard to the first order is presented here.
If, pending the review of a judgment of a lower court, an event intervenes which renders it impossible for an appellate court to grant effectual relief, the court will not proceed to review the matter but will dismiss the proceeding. Hawthorne v. Hendrie & Bolthoff Mfg. & Supply Co., 50 Colo. 342, 116 P. 122; Knowles v. Harrington, 45 Colo. 346, 101 P. 403.
Appeal dismissed.
COYTE and ENOCH, JJ., concur.