Opinion
Case No. 20000852-CA.
Filed April 11, 2002. (Not For Official Publication)
Appeal from the Seventh District, Price Department, The Honorable Bryce K. Bryner.
David M. Allred, Castle Dale, for Appellant.
Mark L. Shurtleff and Laura B. Dupaix, Salt Lake City for Appellee.
Before Judges Bench, Orme, and Thorne.
MEMORANDUM DECISION
This case is before the court on its own motion for summary disposition, pursuant to Rule 10(e) of the Utah Rules of Appellate Procedure, on the basis that no substantial question is presented because the issue raised on appeal has become moot. Both parties agree the appeal has been rendered moot by the ruling.
A suggestion of mootness filed pursuant to rule 37 of the Utah Rules of Appellate Procedure, in an appeal of right, requires filing of a voluntary dismissal under rule 37(b), when both parties agree the appeal is moot. However, because we decide this appeal under rule 10 of the Utah Rules of Appellate Procedure, and determine that no substantial question of law remains because the appeal is moot, we do not require the filing of a voluntary dismissal.
Russell W. Bench, Judge, Gregory K. Orme, Judge, William A. Thorne Jr., Judge.