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203 Okla. 467

Epple v. Taylor

Supreme Court of Oklahoma

Decided October 10, 1950

Supreme Court of Oklahoma · decided 1950-10-10

(Syllabus.) APPEAL AND ERROR — <italic>Dismissal of appeal where question becomes</italic> <italic>moot.</italic> Where a motion to dismiss is filed upon the ground that the appeal is moot and the court calls for a response to such motion and none is filed, and no excuse offered for such failure this court may, in its discretion, dismiss the appeal.

Relies on Campbell v. Reynolds · Douglas v. Baker · Hudson v. Moore

Decided 1950-10-10

PER CURIAM.

¶1Plaintiffs commenced an action to enjoin the defendants from the use of a driveway and garage. Judgment was for the defendants, and plaintiffs have appealed.

¶2A motion to dismiss has been filed for the reason that the question presented on the appeal has become moot by reason of a conveyance of the property and that the appeal is for delay only. This court called for a response to the motion to dismiss and none has been filed.

¶3We have held that the Supreme Court will not attempt to determine abstract, hypothetical, or moot questions, but, where it is made to appear that the questions brought up for review have become moot, the proceedings will be dismissed. Harden v. Morris et al., 198 Okla. 398, 179 P. 2d 144; Glass et al. v. Banfield Bros. Packing Co., 168 Okla. 217, 32 P. 2d 713; Douglas v. Baker, 167 Okla. 348, 29 P. 2d 619; Campbell v. Reynolds, 167 Okla. 365, 29 P. 2d 941; State ex rel. Rives v. Halley, 167 Okla. 504, 30 P. 2d 915; Hudson v. Moore, 169 Okla. 12, 35 P. 2d 886.

¶4It being made reasonably to appear that the appeal is moot and should be dismissed, it is so ordered.

¶5Appeal dismissed.

DAVISON, C.J., ARNOLD, V.C.J., and WELCH, CORN, HALLEY, and O’NEAL, JJ., concur.
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