Simms v. Friel

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The Supreme Court affirmed the court of appeals’ dismissal of Appellant’s appeal of a district court order granting temporary visitation of Appellant’s minor children to the children’s maternal grandmother, holding that the order for temporary grandparent visitation was not a final, appealable order.In dismissing the appeal, the court of appeals concluded that the order at issue was a final, appealable order but that the appeal was moot because the order had expired. The court of appeals, however, examined the merits of Appellant’s claims under the public interest exception to the mootness doctrine and concluded that the district court had the authority to issue the temporary order allowing visitation during the pendency of grandparent visitation proceedings. The Supreme Court affirmed on other grounds, holding that the district court’s order of temporary grandparent visitation did not affect a substantial right, and therefore, the court of appeals lacked jurisdiction over the case. View "Simms v. Friel" on Justia Law