IN THE INTEREST OF T. A. A., A MINOR CHILD. JAMES R. AUFFANT, GUARDIAN AD LITEM/APPELLANT,
v.
JAMES C. SHOULTZ, DIRECTOR OF ORANGE COUNTY CORRECTIONAL FACILITIES, AND MEL COLMAN, SHERIFF OF ORANGE COUNTY, FLORIDA, APPELLEES; BARBARA ALLIN, APPELLANT, V. JAMES C. SHOULTZ, DIRECTOR OF ORANGE COUNTY CORRECTIONAL FACILITIES, AND MEL COLMAN, SHERIFF OF ORANGE COUNTY, FLORIDA, APPELLEES
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Appeal dismissed as moot where appellant's sentence was commuted and she was reunited with her child, rendering the dispute over separation during incarceration no longer justiciable.
An appeal challenging the dissolution of a temporary injunction prohibiting separation of an incarcerated mother from her newborn child is dismissed as moot when the appellant's sentence is commuted and she is reunited with the child.
[1] An appeal becomes moot and will be dismissed when the circumstances giving rise to the dispute are resolved and the issue is not of general public interest and importance…
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Join FLexlaw to unlock all legal intelligenceAppellant was imprisoned in July 1979 and gave birth on August 31, 1979. A temporary injunction was issued on September 1, 1979 prohibiting separation…
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PRANK D. UPCHURCH, Jr., Judge.
Appellant appeals an order of the Circuit Court for Orange County dissolving a temporary injunction and dismissing a complaint which sought to prevent the Sheriff of Orange County and the Director of thé Orange County Correctional Facilities from separating appellant from her infant child while she was in prison.
In July of 1979, appellant was imprisoned to serve a term at Orange County Correctional Facility. She gave birth to a child at Florida Hospital on August 31, 1979. On September 1, 1979, a temporary injunction was issued prohibiting the separation or removal of the child. On September 6, 1979, the injunction was dissolved and the complaint dismissed by the order appealed.
In May of 1980, appellant’s sentence was commuted; she was placed on probation and reunited with her child. Therefore, the subject of this appeal, i. e., the propriety of the trial judge in dissolving the temporary injunction which had prohibited county officials from separating appellant from her child, has been rendered moot. Issues which have become moot will not be decided by the courts unless questions presented are of general public interest and importance. Dehoff v. Imeson, 153 Fla. 553, 15 So. 2d 258 (1943). Here the issue is not of general public interest and importance and as no practical result can be attained by reviewing this decision, the appeal is dismissed.
ORFINGER and COBB, JJ., concur.
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Authorities Cited
- Jones v. State, 153 Fla. 553 (Fla. 1943)
- Dehoff v. Imeson, 153 Fla. 553 (Fla. 1943)
- THE Phifer State Bank v. Clark Gourley, 153 Fla. 595 (Fla. 1943)