No. 27580 (Oct. 14, 2008)
Opinion [pdf]
OPINION OF THE COURT BY MOON, C.J.
On September 23, 2008, this court accepted a timely application for a writ of certiorari, filed on August 14, 2008, by petitioner/defendant-appellant Chris L. Lethem (Father), seeking review of the Intermediate Court of Appeals' (ICA) June 23, 2008 judgment on appeal, entered pursuant to its May 16, 2008 summary disposition order (SDO). See Hamilton v. Lethem, No. 27580 (App. May 16, 2008) (Foley, J., dissenting). Therein, the ICA -- after holding that the underlying appeal brought by Father was moot -- vacated the Family Court of the First Circuit's (1) September 23, 2005 ex parte temporary restraining order (TRO) issued against Father; (2) October 23, 2005 order regarding the TRO; and (3) March 3, 2006 Findings of Fact (FOFs) and Conclusions of Law (COLs) [hereinafter, collectively, the TRO, FOFs, and COLs] and remanded the case to the family court with instructions to dismiss the underlying case.
Briefly stated, respondent/plaintiff-appellee Lily E. Hamilton (Mother), on behalf of her then-fifteen-year-old daughter (Minor), obtained a TRO against Father based upon Father's alleged physical and psychological abuse of Minor. At the show cause hearing on the TRO, Father unsuccessfully asserted the parental justification defense. Ultimately, the family court confirmed the TRO, allowing it to remain in effect until December 22, 2005 (the TRO's original ninety-day term). The TRO expired during the pendency of Father's appeal. Consequently, the ICA unanimously held that, because Father's appeal did not fall within any of the exceptions to the mootness doctrine, the appeal was moot. A majority of the ICA, however, proceeded to vacate the family court's TRO, FOFs, and COLs, remanding the case with instructions to the family court to dismiss the underlying case. The dissent disagreed, opining that the appeal should be dismissed.
Father argues on application that the ICA erred when it determined his appeal did not fall within any of the exceptions to the mootness doctrine. As such, Father contends that the ICA erred in dismissing his appeal without addressing the merits. Based upon the discussion below, we hold that the ICA erred in failing to address the merits of Father's appeal. We, therefore, vacate the ICA's June 23, 2008 judgment on appeal and remand this case to the ICA with instructions to address the merits of Father's appeal, consistent with this opinion. [footnotes omitted]
Concurring Opinion by J. Acoba [pdf]
