Narrative Opinion Summary
The Supreme Court of North Carolina addressed a conditional petition for discretionary review filed by the defendants on October 31, 2008, concerning a previous decision by the North Carolina Court of Appeals in the case of Robert H. Alphin v. Tart L.P. Gas Company and Aetna Life Casualty Company. The Court, after consideration, dismissed the petition as moot on April 30, 2009. This dismissal is certified to the North Carolina Court of Appeals. The attorneys for the parties included Brenton D. Adams for the employee and Jeffrey A. Doyle and Susan J. Vanderweert for the employer and carrier. The underlying appellate decision was reported at 666 S.E.2d 160.
Legal Issues Addressed
Certification of Dismissal to Lower Courtsubscribe to see similar legal issues
Application: The dismissal of the petition by the Supreme Court was formally communicated to the North Carolina Court of Appeals, indicating procedural closure of the matter at the higher court level.
Reasoning: This dismissal is certified to the North Carolina Court of Appeals.
Mootness in Appellate Proceedingssubscribe to see similar legal issues
Application: The Supreme Court dismissed the defendants' petition for discretionary review on the grounds of mootness, indicating that there was no longer a live controversy requiring resolution.
Reasoning: The Court, after consideration, dismissed the petition as moot on April 30, 2009.