Tomlin v. Bartlett

Court of Civil Appeals of Alabama

Tomlin v. Bartlett

741 So. 2d 1083, 1999 Ala. Civ. App. LEXIS 526, 1999 WL 553731

CourtCourt of Civil Appeals of Alabama

DecidedJuly 30, 1999

Docket2980506

StatusPublished

This text of 741 So. 2d 1083 (Tomlin v. Bartlett) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tomlin v. Bartlett, 741 So. 2d 1083, 1999 Ala. Civ. App. LEXIS 526, 1999 WL 553731 (Ala. Ct. App. 1999).

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Opinion

YATES, Judge.

On December 29, 1998, William F. Krin-gel, Ph.D., as the designee of John T. Bartlett, the director of Searcy Hospital, petitioned to renew the inpatient commitment of Paul Tomlin. On January 26, 1999, following ore tenus proceedings, the trial court renewed Tomlin’s commitment for a period not to exceed four months. Tomlin appealed. On May 18, 1999, Tomlin was recommitted to the care of the Department of Mental Health for six months. Tomlin’s appeal from the January 26, 1999, recommitment for a four-month period is moot, because that recom-mitment came more than four months ago. Tomlin did not appeal from his May 18, 1999, recommitment. The courts will not decide questions that are moot. It is not the province of the courts to resolve an issue unless it will afford a party some relief. Kirby v. City of Anniston, 720 So.2d 887 (Ala.1998).

APPEAL DISMISSED.

ROBERTSON, P.J., and MONROE, CRAWLEY, and THOMPSON, JJ„ concur.

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YATES, Judge.

On December 29, 1998, William F. Krin-gel, Ph.D., as the designee of John T. Bartlett, the director of Searcy Hospital, petitioned to renew the inpatient commitment of Paul Tomlin. On January 26, 1999, following ore tenus proceedings, the trial court renewed Tomlin’s commitment for a period not to exceed four months. Tomlin appealed. On May 18, 1999, Tomlin was recommitted to the care of the Department of Mental Health for six months. Tomlin’s appeal from the January 26, 1999, recommitment for a four-month period is moot, because that recom-mitment came more than four months ago. Tomlin did not appeal from his May 18, 1999, recommitment. The courts will not decide questions that are moot. It is not the province of the courts to resolve an issue unless it will afford a party some relief. Kirby v. City of Anniston, 720 So.2d 887 (Ala.1998).

APPEAL DISMISSED.

ROBERTSON, P.J., and MONROE, CRAWLEY, and THOMPSON, JJ„ concur.

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Bluebook (online)

741 So. 2d 1083, 1999 Ala. Civ. App. LEXIS 526, 1999 WL 553731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tomlin-v-bartlett-alacivapp-1999.

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