Herrington v. Rogers

Opinion

04/07/2020

(11 -‘ 40AL

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 19-0600

No. DA 19-0600

DEBORAH L. HERRINGTON,

Petitioner and Appellee,

ORDER

v.

RLED

MICHAEL STEVEN ROGERS, APR 0 7 2020

Respondent and Appellant. Bowen Greenwood Clerk of Supreme

Court

State of Montana

Michael Rogers appeals the Thirteenth Judicial District Court's order affirming the Yellowstone County Justice Court's April 1,2019 order ofprotection against him in favor of Deborah Harrington, a cashier at the Walmart in Billings Heights. The order of protection expired April 1, 2020.

A matter is moot when a court'sjudgment will not effectively operate to grant relief.

Clark v. Roosevelt Cnty.,2007 MT 44,1111,336 Mont. 118, 154 P.3d 48. "The fundamental question to be answered in any review of possible mootness is 'whether it is possible to grant some form ofeffective reliefto the appellant.'" Briese v. Mont. Pub. Employees'Ret. Bd., 2012 MT 192, ¶ 14, 366 Mont. 148, 285 P.3d 550 (quoting Progressive Direct Ins. Co. v. Stuivenga, 2012 MT 75, ¶ 37, 364 Mont. 390, 276 P.3d 867). Because the order of protection has expired by its own terrns, it does not appear that the Court's consideration of the issues Rogers raises on appeal could lead to any form of effective relief.

IT IS THEREFORE ORDERED that this appeal is DISMISSED as moot. The Clerk is directed to provide copies ofthis Order to all parties. DATED this 4- day of April, 2020.

Chief Justice

,)