Civil Procedure — mootness

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Wisconsin Supreme Court

Civil

Civil Procedure — mootness

Where an order appointing a temporary guardian expired while the case was on appeal, the appeal is moot.

“In this instance, we deem it unwise to decide such substantial social policy issues with far-ranging implications based on a singular fact situation in a case that is moot.  In Eberhardy v. Circuit Court for Wood Cnty., 102 Wis. 2d 539, 307 N.W.2d 881 (1981), this court was faced with a similar dilemma of whether to yield initially to the legislature on a social policy issue.  In that case the guardians of a mentally-impaired adult daughter sought court approval for her surgical sterilization.  Id. at 541-42.  The court concluded that because of the complexities of the public policy considerations involved, opportunity should be given to the legislature to conduct hearings and undertake the necessary fact-finding studies that would result in measured public policy along with statutory guidelines.  Id. at 542.  The court explained: The legislature is far better able, by the hearing process, to consider a broad range of possible fact situations.  It can marshal informed persons to give an in-depth study to the entire problem and can secure the advice of experts . . . to explore the ramifications of the adoption of a general public policy . . . .Id. at 570-71.”

Affirmed.

2012AP500 Dane County v. Sheila W.

Per Curiam.

Attorneys: For Appellant: Fite, Shelley, Madison; For Respondent: Dorman, Eve M., Madison