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Ridge v. Faulkner11/15/2005
was filed pending appeal. See N.C.R. App. Pro. 8 and 23 (discussing stays pending appeals). Thus, as of today, petitioner's twelve-month suspension has since been imposedand also expired. The nature of the sanction was temporary and petitioner is now in a position to have his drivers license restored.
"A case is 'moot' when a determination is sought on a matter which, when rendered, cannot have any practical effect on the existing controversy." Oakwood Acceptance Corp. v. Massengill, 162 N.C. App. 199, 212, 590 S.E.2d 412, 422 (2004) (quoting Roberts v. Madison County Realtors Ass'n., 344 N.C. 394, 398-99, 474 S.E.2d 783, 787 (1996)). And in that same vein, whenever, during the course of litigation it develops that the relief sought has been granted or that the questions originally in controversy between the parties are no longer at issue, the case should be dismissed, for courts will not entertain or proceed with a cause merely to determine abstract propositions of law.
Id. (quoting Dickerson Carolina, Inc. v. Harrelson, 114 N.C. App. 693, 697, 443 S.E.2d 127, 131, (internal quotations and citations omitted), disc. review denied, 337 N.C. 691, 448 S.E.2d 520 (1994)). Here, the only relief sought by the appeal, restoration of petitioner's driving privilege, has already occurred; thus, we dismiss petitioner's appeal as moot. See State v. Bowes, ___ N.C. ___, 619 S.E.2d 502 (2005) (per curiam opinion vacating and dismissing as moot State v. Bowes, 159 N.C. App. 18, 583 S.E.2d 294 (2003), in which this Court held that an appeal arising from the imposition of a temporary limited driving privilege was not moot).
Appeal dismissed.
Judges HUDSON and SMITH concur.
Report per Rule 30(e).
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