Family Lawlis pendensmootnessdivorce property divisionlis pendensmootnessappeal dismisseddivorce
Facts
Kathleen recorded a notice of lis pendens against certain real property owned by her former husband, Robert. The parties’ interests in that property had already been litigated in their divorce proceedings, and Robert had appealed that property division to this Court. In this separate appeal, Kathleen sought to keep the lis pendens in place to protect her potential interest in the property against good-faith purchasers. Before this appeal was decided, this Court affirmed the trial court’s division of the real property in the divorce case.
Issue
Whether the court should retain Kathleen’s lis pendens on the real property to protect her potential interest in it when the underlying dispute over the parties’ interests in that property had already been resolved on appeal.
Rule
An appeal is moot when an intervening appellate decision resolves the underlying property dispute that forms the basis for the requested relief, leaving no live controversy for the court to decide.
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One of 10 multiple-choice questions for this case. Pick an answer to see why.
After a divorce in Salt Lake City, Nora Bennett recorded a lis pendens against a condominium titled in her former spouse, Evan Cole, and appealed an order removing it. While that appeal was pending, the state supreme court affirmed the divorce decree’s allocation of the condominium entirely to Evan.
How should the appellate court most likely rule on Nora’s appeal from the order removing the lis pendens?
Explanation. The governing rule is that an appeal becomes moot when an intervening appellate decision resolves the underlying property dispute forming the basis for the requested relief. Here, Nora wanted the lis pendens to protect her claimed interest in the condominium, but that interest was conclusively resolved when the appellate court affirmed the divorce property division. With no live controversy remaining over her claimed interest, the lis pendens appeal should be dismissed as moot. (Derived from Pusey v. Pusey (n.d.).)