Coor Farm Supply Service, Inc. v. Thompson

241 S.E.2d 364, 35 N.C. App. 406, 1978 N.C. App. LEXIS 2984

Opinion

PARKER, Judge.

On oral argument counsel for the parties informed this Court that, pending the hearing of this appeal, trial of plaintiff’s action has taken place in the Superior Court, resulting in a money judgment in favor of the plaintiff against the male defendant. It is apparent, therefore, that the questions sought to be presented by this appeal have become moot, plaintiff’s present remedy being to enforce collection of its judgment. An appellate court will not decide a moot question. 1 Strong’s N.C. Index 3rd, Appeal and Error § 9.

We note that the constitutional question which defendants sought to present by their cross-appeal has already been decided adversely to their contentions. Properties, Inc. v. Ko-Ko Mart, Inc., 28 N.C. App. 532, 222 S.E. 2d 267 (1976), petition for discretionary review denied, 289 N.C. 615, 223 S.E. 2d 392 (1976).

Appeal dismissed.

Judges Martin and Arnold concur.