Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
If a party appeals a Florida family law order, but the case is later resolved by agreement before the appellate court has ruled, the party has a duty to inform the appellate court. This is likely so that judicial labor is not wasted. This was an issue in the case Carter v. Meadows, 1D22-1952 (Fla. 1st DCA July 19, 2023).
The father in a child custody case petitioned the appellate court for a writ of certiorari after his psychotherapist-patient records were ordered to be produced in discovery. After he filed his petition, the parties reached an agreement which resulted in the trial court entering a final judgment. The appellate court issued an order to show cause directing the father to explain why the appeal should not be dismissed as moot and why sanctions should not be imposed upon him for failure to notify the court of resolution of the case.
The court noted case law explaining the importance of communicating resolution of the underlying matter when an appeal is pending. It concluded “Considering the response, we dismiss the petition as moot. See Godwin v. State, 593 So. 2d 211, 212 (Fla. 1992) (‘An issue is moot when the controversy has been so fully resolved that a judicial determination can have no actual effect.’). And we discharge the order to show cause as to sanctions.”
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