Opinion
No. 30,369.
Filed November 18, 1963.
APPEAL — Question Determined by Parties — Moot Question. — Proceeding finally determined and disposed of by an agreed entry, after relator filed petition for relief in the Supreme Court, becomes moot and such petition will not be entertained.
Original action by State of Indiana on relation of Ross McClure, relator, seeking a writ of mandate and prohibition against respondents, The Crawford Circuit Court, C. Bliss Eskew, Judge thereof. Petition for writ dismissed.
James O. Williams, of Corydon, for relator.
C. Bliss Eskew, of Corydon, pro se.
Relator has filed verified petition for writ of mandate and prohibition in this Court asking that certain action be taken by this Court with reference to a certain juvenile proceeding pending in respondent court.
Respondent has filed in this Court a response from which it appears that subsequent to the filing of the petition for the writ herein, the juvenile proceeding in question has been finally determined and disposed of by an agreed entry, made by agreement of the attorneys for the parties herein.
As this action has therefore become moot, it is apparent the petition for the writ should not now be entertained. See: State ex rel. Mid West Ins. Co. v. Niblack, J., etc. (1956), 235 Ind. 616, 137 N.E.2d 34.
Petition for writ dismissed.
NOTE. — Reported in 193 N.E.2d 904.