341 S.W.3d 167

Debra Marie SCHROEDER, Respondent, v. Andrew Patrick HUNN, Appellant.

No. ED 94730.

Missouri Court of Appeals, Eastern District, Division Five.

May 3, 2011.

Lawrence J. Fleming, St. Louis, MO, for appellant.

John P. Brown, St. Louis, MO, for respondent.

*168PATRICIA L. COHEN, Judge.

Introduction

Andrew Hunn (“Appellant”) appeals the Circuit Court of St. Charles County’s Judgment and Full Order of Protection against him. Appellant argues that the trial court erred in: (1) overruling his motion to dismiss in that the petition failed to state facts to confer jurisdiction; and (2) entering its Judgment and Full Order of Protection because the evidence was insufficient and hearsay. We dismiss the appeal as moot.

Background

On November 20, 2009, Debra Schroeder filed an ex parte Petition for an Order of Child Protection against Appellant on behalf of her 15-year-old daughter R.H. The court issued the ex parte order the same day pursuant to Child Protection Orders Act, Mo.Rev.Stat. §§ 455.510-520.

On April 7, 2010, the trial court entered its Judgment and Full Order of Protection in favor of Ms. Schroeder. The Order was not extended and expired April 6, 2011. This appeal follows.

Discussion

“A threshold question in any appellate review of a controversy is the mootness of the controversy.” Armstrong v. Elmore, 990 S.W.2d 62, 64 (Mo.App. W.D.1999). Generally speaking, we will not decide a case that is moot, and we may dismiss a case that is moot sua sponte. Thruston v. Jefferson City Sch. Dist., 95 S.W.3d 131, 133 (Mo.App. W.D.2003) (citing State ex rel. Reed v. Reardon, 41 S.W.3d 470, 473 (Mo. banc 2001)). Missouri appellate courts routinely dismiss appeals from a full order of protection based on mootness where the order expired and was not extended. See MacFarlane v. Wheeler, 285 S.W.3d 424, 425 (Mo.App. E.D.2009); Hannah v. McCubbin, 21 S.W.3d 125 (Mo. App. W.D.2000); McGrath v. McGrath, 939 S.W.2d 46 (Mo.App. W.D.1997).

We acknowledge that this court may exercise its jurisdiction over a moot issue if the appeal presents a “recurring issue of general public interest and importance and would otherwise evade appellate review.” MacFarlane, 285 S.W.3d at 425. We, however, find no basis in this case to apply this exception and reach the merits of the appeal.1

Conclusion

The appeal is dismissed.

GARY M. GAERTNER, JR., P.J., and MARY K. HOFF, J., concur.

Schroeder v. Hunn
341 S.W.3d 167

Case Details

Name
Schroeder v. Hunn
Decision Date
May 3, 2011
Citations

341 S.W.3d 167

Jurisdiction
Missouri

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