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ARTICLE · 27 JULY 2022

Do I Have A State Court Standing Defense?

In this matter, the Second Appellate District dismissed the appeal as the issue of whether the trial court correctly determined the accounting on the promissory note...

United StatesLitigation, Mediation & Arbitration

Ohio

Mootness

Harvest Land Co-op, Inc. v. Hora, 2d Dist. Montgomery Nos. 26218, 26227, 2022-Ohio-2375

In this matter, the Second Appellate District dismissed the appeal as the issue of whether the trial court correctly determined the accounting on the promissory note was rendered moot because the debtor's debt was discharged in bankruptcy, the debtor failed to dispute said discharge, and the debtor failed to demonstrate the applicability of any of the exceptions to the mootness doctrine.

The Bullet Point: The doctrine of mootness is founded upon the "long and well established [premise] that every judicial tribunal must decide actual controversies between parties legitimately affected by specific facts and to render judgments which can be carried into effect." Thus, a court "will not decide * * * cases in which there is no longer any actual controversy." In this case, the plaintiff asserted the instant appeal was moot, as its debt and certificate of

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