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411 So. 2d 490

Docket No. 14417.

Chavers v. Chavers

Charles CHAVERS v. Viola P. CHAVERS.

Louisiana Court of Appeal

Decided March 2, 1982.

Louisiana Court of Appeal · decided 1982-03-02

Relies on Behler v. Louisiana State Racing Commission · Robin v. Concerned Citizens, St. Bernard, Inc. · 327 So. 2d 515 - Major v. Louisiana Department of Highways

Good law ✅— No negative treatment on recordhow we know

Decided 1982-03-02

How this case has been cited

Cited by 3 later decisions — most recently April 2018

3 state decisions

101982199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1*491 J. Lynn Ponder, Amite, for plaintiff-appellee.

¶2Bruce E. Simpson, Kentwood, and Richard Macaluso, Hammond, for defendant-appellant.

¶3Before CHIASSON, EDWARDS and LEAR, JJ.

¶4CHIASSON, Judge.

¶5The sole issue remaining in this appeal is the custody of two minor children of Viola P. Chavers, defendant-appellant, and her former husband, Charles Chavers, plaintiff-appellee.

¶6Appellant filed this appeal from a judgment of the trial court granting custody of the children to Charles Chavers. Thereafter, pursuant to a custody rule filed by Mrs. Chavers, the trial court granted her custody of the children.

¶7Although Mr. Chavers has not raised the issue of mootness, this court has the authority to consider, ex proprio motu, the possibility thereof. Behler v. Louisiana State Racing Commission,251 La. 959, 207 So.2d 758 (1968); Major v. Louisiana Department of Highways,327 So.2d 515 (La. App. 1st Cir. 1976).

¶8Our Supreme Court has consistently defined a "moot" case as one which seeks a judgment or decree which, when rendered, can give no practical relief. Robin v. Concerned Citizens for Better Education in St. Bernard, Inc.,384 So.2d 405 (La.1980).

¶9Appellate courts do not give opinions on moot questions or abstract propositions from which no practical results will be derived, Behler, supra, and therefore, moot questions will not be considered on appeal. State ex rel. Guste v. Louisiana Milk Commission,297 So.2d 750 (La.App. 1st Cir. 1974); La.C.C.P. art. 2164.

¶10Obviously, the subsequent judgment of the trial court granting to appellant the custody of the children renders the issue presented by this appeal no longer viable and therefore, moot.

¶11The appeal of Viola P. Chavers is therefore dismissed at her costs.

¶12APPEAL DISMISSED.

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