STANSBERRY, Bruce, et al., ) Supreme Court appellants, ) cause no. 48S02-0206-CV-347 v. ) )Court of Appeals cause no. 48A02-0104-CV-241
While the matter was pending before the Court, counsel for the appellee filed
a Report To The Court indicating that due to subsequent events, the appellee
was no longer eligible for a home child care license and that she
no longer wished to pursue this matter. Counsel suggested the appeal had
The Indiana Attorney General, as counsel for appellants, then filed Appellants Response To
Appellees Report To The Court. The Attorney General agreed that the outcome
of the case was no longer relevant to the parties, and further noted
that Ind. Code § 12-17.2-5-4 was amended effective July 1, 2002, in a
manner that would likely have been dispositive of the case in the first
instance. See P.L. 109-2002 § 11.
When an appeal becomes moot, it usually is dismissed unless the appellate court
determines that the case involves questions of great public interest. See In
Re Lawrence, 579 N.E.2d 32, 37 (Ind. 1991). The legal issues in
this appeal were initially of some public interest. However, not only have
subsequent events eliminated any controversy between the parties, the General Assemblys statutory amendments
have diminished the significance of the legal issues initially at stake. Accordingly,
this appeal is dismissed as moot. The opinion of the Court of
Appeals remains vacated.
Done at Indianapolis, Indiana this 1st day of October, 2002.
/s/ Randall T. Shepard
Chief Justice of Indiana
All Justices concur.