ROBERT L. PERKINS, and
LOUISE P. CARR,
Petitioners
v
.
Rockingham County
No. 99 SP 0062
PRISCILLA P. WATSON
(deceased), NETTIE P.
HAIRSTON, DEAN E. MIMS,
HIAWATHA P. STEELE,
JAMES M. PERKINS,
JUANITA P. SIMMONS, and
GERVIS P. WEST,
Respondents
Robert L. Perkins, petitioner-appellant, pro se.
No brief for respondent-appellees.
PER CURIAM.
All of the issues raised by Robert L. Perkins (petitioner)
on appeal are moot for the reasons set forth herein. Since no
motion to dismiss for mootness has been filed, we dismiss this
appeal ex mero motu. The refusal to review moot questions in North Carolina state
courts is a principle of judicial restraint. In re Peoples, 296
N.C. 109, 147, 250 S.E.2d 890, 912 (1978).
Whenever, during the course of litigation
it develops that the relief sought has been
granted or that the questions originally in
controversy between the parties are no longer
at issue, the case should be dismissed, for
courts will not entertain or proceed with a
cause merely to determine abstract
propositions of law.
Id.
In the instant case, the trial court noted in its 9 May 2002
order dismissing petitioner's petition, that a new special
proceeding (02 SP 78) had been filed and was properly served on all
parties to the action. The court additionally noted that File
Number 02 SP 78 concerns the same property as the petition that the
court was dismissing. The court further stated:
Petitioner Robert Perkins admits he has made a
general appearance in 02 SP 78 file.
Petitioner Robert Perkins further admits that
all claims of relief sought in this file are
being litigated in 02 SP 78 and that he nor
his claims will be prejudiced in any way by
the dismissal of this action.
Therefore, petitioner's appeal is moot since all of petitioner's
claims for relief are being litigated in 02 SP 78. Accordingly, we
dismiss this appeal.
Appeal dismissed.
Panel consisting of Judges MARTIN, HUNTER, and GEER.
Report per Rule 30(e).
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