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Hopkins v. Hamby Corp.

The parties' settlement of their suit to partition separate tracts of land mooted their appeal regarding the issue severance in partition cases.

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This appeal raises a question of law concerning whether this state should adopt a rule allowing the partition of separate tracts of land in one proceeding, even though one party may have an interest in only one parcel, when the rights of the parties derive or descend from a cotenancy as a common source of title.1 While this case was pending in this Court, the parties settled the case but did not withdraw their appeal. Since this case does not meet any exception to the mootness doctrine, we dismiss it as moot.

The general rule is that appellate courts do not consider moot questions.2 Mootness is a question of court policy based on the theory that courts do not give opinions on abstract propositions of law that do not involve an actual controversy between parties.3 We have adopted a narrow exception to the doctrine of mootness when the issue is capable of repetition and yet evades review.4 Although the issue of severance in partition cases is capable of repetition, it would not necessarily evade review. Therefore, this case does not meet our narrow exception to the mootness doctrine.

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