Is a motion to dismiss the appeal moot because the restraining order granted by the trial court expired before an appeal can be heard?

California, United States of America


The following excerpt is from Beyl v. Hupp, E069144 (Cal. App. 2018):

Because the restraining order expired on August 25, 2018, the appeal arguably should be dismissed as moot. "'If relief granted by the trial court is temporal, and if the relief granted expires before an appeal can be heard, then an appeal by the adverse party is moot.' [Citation.]" (City of Monterey v. Carrnshimba (2013) 215 Cal.App.4th 1068, 1079; City of Hollister v. Monterey Ins. Co. (2008) 165 Cal.App.4th 455, 479-480 [When events occurring after a notice of appeal is filed render the appeal moot, the court may dismiss it on its own motion.].) "'"[T]here are three discretionary exceptions to the rules regarding mootness: (1) when the case presents an issue of broad public interest that is likely to recur [citation]; (2) when there may be a recurrence of the controversy between the parties [citation]; and (3) when a material question remains for the court's determination [citation]."'" (Harris v. Stampolis (2016) 248 Cal.App.4th 484, 495.)

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