Contempo-Tempe Mobile Home Owners Ass'n v. Steinert, 696 P.2d 1376 (Ariz. Ct. App. 1985). · Go Syfert
Contempo-Tempe Mobile Home Owners Ass'n v. Steinert, 696 P.2d 1376 (Ariz. Ct. App. 1985). Cases Citing This Book View Copy Cite
68 citation events (62 in the last 25 years) across 1 distinct court.
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144 Ariz. at 229 “a case is moot when it seeks to determine an abstract question which does not arise upon existing facts or rights.”11 citing cases6 citing courts quote it
  • Artemchuk v. Chernysh, No. 1 CA-CV 15-0628-FC (Ariz. Ct. App. July 21, 2016).unpublished 2 cites
    (A case is moot when it seeks to determine an abstract question which does not arise upon existing facts or rights.)
  • State v. Johnson, No. 1 CA-CR 14-0823 (Ariz. Ct. App. Jan. 21, 2016).unpublished
    “a court will not decide a question which is unrelated to an actual controversy or which by a change in a condition of affairs has become moot.”
  • Filer v. Tohono O'Odham Nation Gaming Enter., 129 P.3d 78 (Ariz. Ct. App. 2006).published 4 cites
    “the court is not empowered to decide . . . abstract propositions.”
  • Way v. State, 67 P.3d 1232 (Ariz. Ct. App. 2003).published 4 cites
    “the court is not empowered to decide moot questions or abstract propositions.”
  • McCammon v. Olson, No. 1 CA-CV 14-0265 (Ariz. Ct. App. Apr. 2, 2015).unpublished 4 cites
    Relations Bd., 133 Ariz. 126, 127 , 650 P.2d 428, 429 (1982) (citations omitted); Contempo-Tempe, 144 Ariz. at 229, 696 P.2d at 1378.
  • In re Mh Xxxx-Xxxxxx, 211 P.3d 1261 (Ariz. Ct. App. 2009).published
    "A case is moot when it seeks to determine an abstract question which does not arise upon existing facts or rights." Contempo-Tempe Mobile Home Owners Ass'n v. Steinert, 144 Ariz. 227, 229 , 696 P.2d 1376, 1378 (App.1985) (citing Freeman v…
  • In re MH 2008-000028, 211 P.3d 1261 (Ariz. Ct. App. 2009).published
    “A case is moot when it seeks to determine an abstract question which does not arise upon existing facts or rights.” Contempo-Tempe Mobile Home Owners Ass’n v. Steinert, 144 Ariz. 227, 229 , 696 P.2d 1376, 1378 (App.1985) (citing Freeman v…
  • Bruer v. State, No. 1 CA-CV 21-0066 (Ariz. Ct. App. Oct. 28, 2021).unpublished
    (holding a stipulated dismissal rendered the case moot when the only issue remaining was whether appellants had standing to sue)
  • J. Ball Trust v. Phx Orchard, No. 1 CA-CV 16-0557 (Ariz. Ct. App. Jan. 4, 2018).unpublished
    (A case is moot when it seeks to determine an abstract question which does not arise upon existing facts or rights.” (citing Freeman v. Wintroath Pumps-Div. of Worthington Corp., 13 Ariz. App. 182, 183 (1970)))
  • Arlene L. v. Dcs, No. 1 CA-JV 14-0118 (Ariz. Ct. App. Nov. 4, 2014).unpublished 2 cites
    Owners Ass’n v. City of Sedona, 192 Ariz. 126, 127, ¶ 5 , 961 P.2d 1074, 1075 (App. 1998) (citing Sandblom v. Corbin, 125 Ariz. 178, 182 , 608 P.2d 317, 321 (App. 1980)); see also Contempo-Tempe, 144 Ariz. at 229, 696 P.2d at 1378 (noting…
Show 1 more citing case
696 P.2d at 1378 Determining when a legal question becomes moot10 citing cases“A case is moot when it seeks to determine an abstract question which does not arise upon existing facts or rights”2 citing courts quote it · also cited as 144 Ariz. at 229
  • Way v. State, 67 P.3d 1232 (Ariz. Ct. App. 2003).published 4 cites
    See Contempo-Tempe Mobile Home Owners Ass’n v. Steinert, 144 Ariz. 227 , 229, 696 P.2d 1376 , 1378 (App. 1985) (“The court is not empowered to decide moot questions or abstract propositions.”). ¶20 Finally, Way’s reliance on State ex rel.
  • McCammon v. Olson, No. 1 CA-CV 14-0265 (Ariz. Ct. App. Apr. 2, 2015).unpublished 4 cites
    Relations Bd., 133 Ariz. 126, 127 , 650 P.2d 428, 429 (1982) (citations omitted); Contempo-Tempe, 144 Ariz. at 229, 696 P.2d at 1378.
  • Kondaur Capital Corp. v. Pinal Cnty., 330 P.3d 379 (Ariz. Ct. App. 2014).published 3 cites
    “act as a fountain of legal advice”
  • In re Mh Xxxx-Xxxxxx, 211 P.3d 1261 (Ariz. Ct. App. 2009).published
    “A case is moot when it seeks to determine an abstract question which does not arise upon existing facts or rights”
  • In re MH 2008-000028, 211 P.3d 1261 (Ariz. Ct. App. 2009).published
    “A case is moot when it seeks to determine an abstract question which does not arise upon existing facts or rights”
  • Simpson v. Owens, 85 P.3d 478 (Ariz. Ct. App. 2004).published 2 cites
    Although Simpson has now been allowed bail, making his question a moot issue that we usually would not consider, Contempo-Tempe Mobile Home Owners Ass'n v. Steinert, 144 Ariz. 227, 229 , 696 P.2d 1376, 1378 (App.1985), we may continue to "…
  • Bruer v. State, No. 1 CA-CV 21-0066 (Ariz. Ct. App. Oct. 28, 2021).unpublished
    See Contempo-Tempe, 144 Ariz. at 229 (holding a stipulated dismissal rendered the case moot when the only issue remaining was whether appellants had standing to sue); see also Sedona Private Prop.
  • Belen Loan Investors, LLC v. Myers, Baumgardner, Los Luna Highlands, 296 P.3d 984 (Ariz. Ct. App. 2012).published 2 cites
    See Contempo-Tempe Mobile Home Owners Ass’n v. Steinert, 144 Ariz. 227, 229 , 696 P.2d 1376, 1378 (App.1985) (appellate court will not address issues rendered moot by resolution of other claims).
  • Exodyne Props., Inc. v. City of Phoenix, 798 P.2d 1382 (Ariz. Ct. App. 1990).published 2 cites
    See Contempo-Tempe Mobile Home Owners Ass’n v. Steinert, 144 Ariz. 227, 229 , 696 P.2d 1376, 1378 (App.1985).
  • Arlene L. v. Dcs, No. 1 CA-JV 14-0118 (Ariz. Ct. App. Nov. 4, 2014).unpublished 2 cites
    Owners Ass’n v. City of Sedona, 192 Ariz. 126, 127, ¶ 5 , 961 P.2d 1074, 1075 (App. 1998) (citing Sandblom v. Corbin, 125 Ariz. 178, 182 , 608 P.2d 317, 321 (App. 1980)); see also Contempo-Tempe, 144 Ariz. at 229, 696 P.2d at 1378 (noting…
The court is not empowered to decide . . . abstract propositions.no pin page on record · 2 citing cases listed
  • Filer v. Tohono O'Odham Nation Gaming Enter., 129 P.3d 78 (Ariz. Ct. App. 2006).published 4 cites
    (The court is not empowered to decide . . . abstract propositions.)
  • Way v. State, 67 P.3d 1232 (Ariz. Ct. App. 2003).published 4 cites
    (The court is not empowered to decide moot questions or abstract propositions.)
696 P.2d at 1379 “capable of repetition yet evading review”1 citing case1 citing court quotes it
144 Ariz. at 230 “consider an appeal that has become moot if there is either an issue of great public importance or an issue capable of repetition yet evading review.”1 citing casethe opinion's own words at *230, quoted by 1 later opinions
  • State v. Jones, No. 1 CA-CR 16-0637 (Ariz. Ct. App. Aug. 29, 2017).unpublished 3 cites
    Steinert, 144 Ariz. at 230.
Other citing cases6 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
CONTEMPO-TEMPE MOBILE HOME OWNERS ASSOCIATION, a non-profit association and Central Arizona Mobile Home Owners Association, an Arizona non-profit corporation
v.
Marvin E. STEINERT and Jane Doe Steinert, husband and wife Marvin E. Steinert, individually and dba Contempo/Tempe Adult Mobile Home Community Ann McAnelly and John Doe McAnelly, husband and wife and John Does I-X, and Black Corporations I-X
1 CA-CIV 6961.
Court of Appeals of Arizona.
Jan 17, 1985.
Published opinion
696 P.2d 1376
1985 Ariz. App. LEXIS 463
Creasy & Skivington by Frederick C. Creasy, Jr., Scottsdale, for plaintiffs-appellants., Law Offices of Ronald W. Meyer by Ronald W. Meyer, Phoenix, for defendants-appellees.
Brooks, Grant, Haire.
Cited by 2 opinions  |  Published
4 passages pin-cited by 4 cases
Citer courts: Court of Appeals of Arizona (7)

OPINION

GRANT, Judge.

The only issue on appeal is whether the appellant associations have standing to sue for themselves and/or for the benefit of their individual members. However, since we conclude that the case is moot, there is no case or controversy before this court and therefore we dismiss the appeal.

The facts of this case are as follows: A complaint was filed against the operators of a mobile home park (appellees) by the tenants association and another association made up of numerous tenant associations (appellants). The appellants’ complaint sought an injunction to prevent the appellees from using a particular rental agreement which increased the monthly rent and damages for their failure to negotiate a rental agreement in good faith. The trial court found that the appellants lacked standing to bring the suit. The trial court granted a motion to dismiss for lack of standing but granted leave to amend the complaint to name the individual tenants. An amended complaint brought in the name of the individual tenants was filed. Thereafter the individual tenants and the appellees entered into a stipulation that the matter be dismissed with prejudice. The trial court entered an order pursuant to the stipulation dismissing the case with prejudice.

Thereafter the appellants filed an appeal from the court’s original ruling which had dismissed the complaint for lack of standing. However since the substantive questions raised have already been resolved by the stipulation dismissing the suit with prejudice, the appellants would not be entitled to any substantive relief on appeal. Therefore the case is moot, there is no case or controversy before this court,[*229] and the appellants are merely seeking an advisory opinion concerning their capacity to sue for violations of the Arizona Mobile Home Parks Residential Landlord and Tenant Act. A.R.S. § 33-1401 et seq.

The court is not empowered to decide moot questions or abstract propositions. Article III of the United States Constitution limits the exercise of judicial power by federal courts to circumstances involving a “case” or “controversy.” North Carolina v. Rice, 404 U.S. 244, 92 S.Ct. 402, 30 L.Ed.2d 413 (1971). Moot cases do not fit within the constitutional definition of “cases” or “controversies.” Central Soya Co., Inc. v. Consolidated Rail Corp., 614 F.2d 684 (7th Cir.1980). A case is moot when it seeks to determine an abstract question which does not arise upon existing facts or rights. Freeman v. Wintroath Pumps-Division of Worthington Corporation, 13 Ariz.App. 182, 475 P.2d 274 (1970); J.R. Francis Construction Company v. Pima County, 1 Ariz.App. 429, 403 P.2d 934 (1965). See 6(A) J. Moore, W. Taggart & J. Wicker, Moore’s Federal Practice ¶ 57. 13 (2d ed. 1981).

The Arizona Supreme Court summarized the law in Arizona concerning mootness in Fraternal Order of Police v. Phoenix Employee Relations Board, 133 Ariz. 126, 650 P.2d 428 (1982) as follows:

Unlike the federal court system, the powers of which are limited by U.S. Const. Art. III, § 2, cl. 1, our state court system has no constitutional provision constraining it to consider only “cases” or “controversies.” Nevertheless, since the first time we considered the issue, our court has consistently held that it will refrain from considering moot or abstract questions. See Mesa Mail Publishing Co. v. Board of Supervisors, 26 Ariz. 521, 227 P. 572 (1924); Camerena v. Department of Public Welfare, 106 Ariz. 30, 470 P.2d 111 (1970). We will make an exception, however, to consider a question of great public importance or one which is likely to recur even though the question is presented in a moot case. Camerena, supra; State v. Superior Court, 104 Ariz. 440, 454 P.2d 982 (1969); see Wise v. First National Bank of No-gales, 49 Ariz. 146, 65 P.2d 1154 (1937).

Id. at 127, 650 P.2d at 429.

The appellants here ask the court to resolve the abstract question of whether associations of mobile home tenants have standing to sue for themselves and/or for the benefit of their individual members for violations of the Arizona Mobile Home Parks Residential Landlord and Tenant Act. This question does not arise upon existing facts or rights because the substantive questions raised have already been resolved by the stipulation dismissing the suit with prejudice. The case is moot.

In Webber v. Smith, 129 Ariz. 495, 632 P.2d 998 (App.1981) the court held that a counterclaim for the value of a motorcycle and truck held by the plaintiff was moot when the defendant had recovered possession of these items from the plaintiff and did not seek damages for loss of use during the period of the time that the items were held. In State Farm Automobile Insurance Company v. Civil Service Employees Insurance Company, 19 Ariz.App. 594, 509 P.2d 725 (1973) the court concluded that the insurer was not liable for the alleged breach of a settlement obligation. The court held that the question concerning denial of the insurer’s third party indemnity claim against another insurance company based on allegedly fraudulent conduct of his counsel was rendered moot. Similarly the case at bar was rendered moot by the stipulation between the parties and the trial court’s order pursuant to the stipulation dismissing the case with prejudice.

A court will not decide a question which is unrelated to an actual controversy or which by a change in a condition of affairs has become moot. Velasco v. Mallory, 5 Ariz.App. 406, 427 P.2d 540 (1967); Magraw v. Donovan, 177 F.Supp. 803 (D.C. Minn.1959). Appellate courts do not give opinions on moot questions. Lloyd v. Board of Supervisors of Elections, 206 Md. 36, 111 A.2d 379 (1954). Nor do they act as a fountain of legal advice. Allen v. [*230] Graham, 8 Ariz.App. 336, 446 P.2d 240 (1968).

The present case does not fit within the exception to the mootness rule for an issue “capable of repetition yet evading review.” Board of Examiners v. Marchese, 49 Ariz. 350, 66 P.2d 1035 (1937); Odle v. Imperial Ice Cream Co., 11 Ariz. App. 203, 463 P.2d 98 (1970). Although the issue involved in the case at bar is capable of repetition it does not evade review. Were it not for the stipulation entered into by the parties the issue raised by the appellants properly could be on review. The stipulation mooted the issue.

Nor does this case fall within another exception to the mootness doctrine for a case which poses a question of “public importance.” Camerena v. Department of Public Welfare, 106 Ariz. 30, 470 P.2d 111 (1970). We find that the question involved here does not rise to a sufficient level of “public importance” to become an exception to the mootness doctrine.

Although the appellees in the current case filed a motion to dismiss the appeal on other grounds which was denied they have not filed a motion to dismiss the appeal on the ground of mootness. However the court has the authority and often the duty to dismiss a moot case on its own initiative. Magraw v. Donovan; Sannon v. United States, 631 F.2d 1247 (5th Cir. 1980). Therefore we raise the mootness issue in this case sua sponte and dismiss the appeal.

HAIRE, P.J., and BROOKS, J., concur.