Opinion
No. COA15-1121
05-17-2016
STEVEN T. YOUNG, Plaintiff, v. SHERILL A. YOUNG, Defendant.
No brief submitted on behalf of plaintiff-appellee. Katherine Freeman, PLLC, by Katherine Freeman for defendant-appellant.
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure. Iredell County, No. 13 CVD 585 Appeal by defendant from order entered 26 May 2015 by Judge Deborah Brown in Iredell County District Court. Heard in the Court of Appeals 14 April 2016. No brief submitted on behalf of plaintiff-appellee. Katherine Freeman, PLLC, by Katherine Freeman for defendant-appellant. BRYANT, Judge.
Where the parties to this appeal have reached a settlement with regard to child custody—the only issue on appeal to this Court—we dismiss.
On 26 May 2015, the Honorable Deborah Brown, Iredell County District Judge presiding, entered a permanent child custody order ("permanent custody order"). The trial court ordered that, effective 14 June 2015, both parents would share the joint legal and physical custody of their two minor children, with plaintiff-father, Steven T. Young, being awarded primary physical custody of the children. Sherill A. Young, defendant-mother, would have visitation rights as set out in the order. Defendant-mother filed notice of appeal and served it on plaintiff-father, pro se, on 19 June 2015.
On 11 January 2016, the Honorable Lawrence D. Graham, Iredell County District Judge presiding, entered a Consent Order maintaining joint legal custody of the parties' minor children. The Consent Order granted primary physical custody to defendant-mother, with visitation to plaintiff-father, reserving the matter for future orders of the district court. On 16 January 2016, defendant-mother filed Notice of Partial Settlement with this Court, notifying this Court of the parties' Consent Order.
"[A]s a general rule this [C]ourt will not hear an appeal when the subject matter of the litigation has been settled between the parties or has ceased to exist." Kendrick v. Cain, 272 N.C. 719, 722, 159 S.E.2d 33, 35 (1968) (citations omitted).
Whenever, during the course of litigation it develops that the relief sought has been granted or that the questions originally in controversy between the parties are no longer at issue, the case should be dismissed, for courts will not entertain or proceed with a cause merely to determine abstract propositions of law.In re Peoples, 296 N.C. 109, 147, 250 S.E.2d 890, 912 (1978) (citations omitted).
Here, defendant-mother sought relief from the order granting primary physical custody to plaintiff-father. The Consent Order entered 11 January 2016 grants her that relief which she sought, and as such, her appeal is now moot. Accordingly, this appeal is
DISMISSED.
Judges DILLON and ZACHARY concur.
Report per Rule 30(e).