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Posted by: Landry Butler on Mar 27, 2018

Court: TN Court of Appeals

Attorneys 1:

David E. Fowler, Franklin, Tennessee, for the appellants, members of the 109th General Assembly and members of the 110th General Assembly.

Attorneys 2:

John K. Harber, Knoxville, Tennessee, for the appellee, Sabrina Renae Witt.

Virginia A. Schwamm, Knoxville, Tennessee, for the appellee, Erica Christine Witt.

Judge(s): SWINEY

Individual members of the 109th Tennessee General Assembly and the 110th Tennessee General Assembly appeal the order of the Circuit Court for Knox County (“the Trial Court”) denying their motion to intervene in this suit involving the divorce of a same-sex couple and specifically involving the issue of whether the spouse who has no biological or other recognized legal relationship to the parties’ minor child may be considered a parent under Tenn. Code Ann. § 68-3-306 (2013). We find and hold that because all of the issues in the divorce now are final the case has been rendered moot as it has lost its justicability and no longer involves a present, ongoing controversy. We further find and hold that no exceptions to the mootness doctrine apply. As the case is moot, we dismiss this appeal.