Sordyl v. Sordyl, 1997 ME 87 (Me. 1997). · Go Syfert
Sordyl v. Sordyl, 1997 ME 87 (Me. 1997). Cases Citing This Book View Copy Cite
“in order to qualify, the activity ... by its very nature, must be so short in duration that the issue will never be fully litigated prior to the cessation or expiration of the action.”
77 citation events (57 in the last 25 years) across 2 distinct courts.
Strongest positive: In Re Marcial O. (me, 1999-04-26)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Under fire — who is questioning this case
Citations from separate opinions of courts that could overrule this case. This is a warning signal, not a treatment change. The flag color above is unaffected.
Dissent Susan Chretien v. Russell Chretien (2017)
“Without advocacy from either side, the Court reaches out and makes a major pronouncement of law, overruling an important precedent, Sordyl v. Sordyl, 1997 ME 87, ¶ 6 , 692 A.2d 1386 .”
Top citers, strongest first. 13 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) In Re Marcial O. (5×) also: Cited as authority (rule), Cited "see"
Me. · 1999 · signal: see · quote attribution · 1 verbatim quote · confidence high
in order to qualify, the activity ... by its very nature, must be so short in duration that the issue will never be fully litigated prior to the cessation or expiration of the action.
examined Cited as authority (rule) State v. Dumas (3×) also: Cited "see"
Me. · 2010 · confidence medium
Sorayl v. Sordyl, 1997 ME 87, ¶4 , 692 A.2d 1386, 1387 (“We review only those cases that present a justiciable controversy.
discussed Cited as authority (rule) Gauthier v. Gauthier
Me. · 2007 · confidence medium
The record reveals, however, that the court’s extension of the protection order is an issue that is moot because the order, by its own terms, expired on April 20, 2007. 2 See Sordyl v. Sordyl, 1997 ME 87, ¶ 4 , 692 A.2d 1386, 1387 (noting that we do not consider matters in which our decision would provide no “real or effective relief,” that is, when a dispute has lost its “controversial vitality” due to “legally valid and recognizable supervening circumstances”) (quotation marks omitted).
cited Cited as authority (rule) Gasque v. King
Me. Super. Ct · 2005 · confidence medium
Sordyl v. Sordyl, 1997 ME 87 , 1 7, 692 A.2d 1386, 1387 (citation omitted).
discussed Cited as authority (rule) Competitive Energy Services LLC v. Public Utilities Commission
Me. · 2003 · confidence medium
While Competitive Energy argues that this exception is applicable because of concerns relating to the anti-competitiveness associated with utilities favoring their affiliates, the unique nature of the Lease Agreement takes it outside the arena of issues of great public concern on which the bar and public need guidance. [¶ 26] A separate exception to the mootness doctrine exists for “issues [that] *1050 are capable of repetition but evade review because of their fleeting or determinate nature[,]” id., which is applicable if there is a “ ‘reasonable expectation’ or ‘demonstrated pro…
discussed Cited as authority (rule) Young v. Young
Me. · 2002 · confidence medium
Danyelle’s appeal therefore presents a moot issue for decision. [¶ 8] An issue that is technically moot may still be addressed on appeal if one of the three narrow, yet established, *422 exceptions to the mootness doctrine applies: “(1) sufficient collateral consequences will flow from a determination of the questions presented, (2) the question, although moot in the immediate context, is of great public interest and should be addressed for future guidance of the bar and public, or (3) the issue may be repeatedly presented to the trial court, yet escape review at the appellate level becau…
cited Cited as authority (rule) Maine Civil Liberties Union v. City of South Portland
Me. · 1999 · confidence medium
“If issues become moot, an appeal is nonjusticiable.” Sordyl v. Sordyl, 1997 ME 87, ¶ 4 , 692 A.2d 1386, 1387 (citation omitted).
examined Cited "see" Susan Chretien v. Russell Chretien (4×)
Me. · 2017 · signal: see · confidence high
See 1997 ME 87, ¶ 6 , 692 A.2d 1386 . [¶11] Reaching the merits, we now consider Russell’s assertion that the issuance of a protective order against him was erroneous because the court explicitly-stated that it was not finding that Russell had abused Susan.
discussed Cited "see" State v. Dhuy (2×)
Me. · 2003 · signal: see · confidence high
See In re Misty B., 2000 ME 67, ¶ 7 , 749 A.2d 754, 756 (quoting Sordyl v. Sordyl, 1997 ME 87, ¶ 4 , 692 A.2d 1386, 1387 ). *341 B.
discussed Cited "see" Consumers for Affordable Health Care, Inc. v. Superintendent of Insurance (2×)
Me. · 2002 · signal: see · confidence high
See Sordyl v. Sordyl, 1997 ME 87, ¶ 6 , 692 A.2d 1386, 1387 (noting that the collateral consequences doctrine requires an appellant to "demonstrate that a decision on the merits of the appeal will have more than conjectural and insubstantial consequences in the future" (internal quotation marks omitted)). 10 .
discussed Cited "see" In Re Misty B. (2×)
Me. · 2000 · signal: see · confidence high
See Sordyl v. Sordyl, 1997 ME 87, ¶ 4 , 692 A.2d 1386, 1387 (quoting International Paper v. United Paperworkers Int'l, 551 A.2d 1356, 1360-61 (Me.1988)).
discussed Cited "see" Monroe v. Town of Gray (2×)
Me. · 1999 · signal: see · confidence high
See Sordyl v. Sordyl, 1997 ME 87, ¶ 6 , 692 A.2d 1386, 1387 (citation omitted).
examined Cited "see" State v. Dickinson (3×)
Me. · 1998 · signal: see · confidence high
See id. 5 “The test for mootness is whether ‘sufficient practical effects [flow] from the resolution of [the] litigation to justify the application of limited judicial resources.’ ” Campaign for Sensible Transp. v. Maine Turnpike Auth., 658 A.2d 213, 215 (Me.1995) (quoting State v. Gleason, 404 A.2d 573, 578 (Me.1979)).
Retrieving the full opinion text from the archive…
Bethine Ann C. SORDYL, N/K/A Bethine Ann Crookedacre,
v.
Eugene SORDYL
Supreme Judicial Court of Maine.
Apr 29, 1997.
1997 ME 87
Martha J. Harris, Paine, Lynch & Harris, P.A., Bangor, for plaintiff., William N. Ferm, Ferm, Collier & Larson, Ellsworth, for defendant.
Wathen, Roberts, Glassman, Clifford, Rudman, Dana, Lipez.
Cited by 24 opinions  |  Published
WATHEN, Chief Justice.

[¶ 1] Defendant, Eugene Sordyl, appeals from the judgment entered in the Superior Court (Hancock County, Mead, J.) [*1387] affirming the protection from abuse order entered against him in the District Court (Bar Harbor, Staples, J.) pursuant to 19 M.R.S.A. § 766 (1981 & Supp.1996). Defendant seeks to challenge an evidentiary ruling made by the District Court in finding “abuse” within the meaning of 19 M.R.S.A. § 762(1)(B) (1981 & Supp.1996). [1] Because the protection order expired by its own terms more than one year ago, we conclude that the appeal should have been dismissed as moot.

[¶2] On May, 18, 1995, plaintiff, Bethine Ann Crookedacre, filed a complaint for protection from abuse (PFA) against her husband, the defendant. The complaint was precipitated by events occurring at the couple’s Northeast Harbor residence on the evening of May 17. At the PFA hearing, testimony regarding the history of the parties’ marriage was admitted over objection. [2] The court concluded that plaintiff was entitled to a protection from abuse order and issued an order that expired on December 29, 1995.

[¶3] Defendant appealed to the Superior Court, contending that the events in question did not qualify as “abuse” as defined by the governing statute and that the court erred in considering the history of the marriage. By the time the appeal was heard, the PFA order had expired and plaintiff moved to dismiss the appeal as moot. The Superior Court denied the motion and affirmed the judgment. Defendant now appeals.

[¶4] We review only those cases that present a justiciable controversy. Campaign for Sensible Transp. v. Maine Turnpike Auth., 658 A.2d 213, 215 (Me.1995). If issues become moot, an appeal is nonjusticiable. Id. “The test for mootness is whether ‘sufficient practical effects [flow] from the resolution of [the] litigation to justify the application of limited judicial resources.’” Id. (quoting State v. Gleason, 404 A.2d 573, 578 (Me.1979)). “If the issues presented have lost their controversial vitality ‘by virtue of legally valid and recognizable supervening circumstances,’ we will decline to address them.” Id. (quoting Good Will Home Ass’n v. Erwin, 285 A.2d 374, 379 (Me.1971)). “A dispute loses its controversial vitality when a decision by this court would not provide an appellant any real or effective relief.” Int’l Paper v. United Paperworkers Int'l, 551 A.2d 1356, 1360-1361 (Me.1988).

[¶5] Given that the PFA order at issue here expired over a year ago, no “real or effective relief’ would be afforded defendant by a decision in his favor at this time. There are occasions, however, when we will entertain an appeal even though the appeal is technically moot. The exceptions to the mootness doctrine apply when “(1) sufficient collateral consequences will flow from a determination of the questions presented, (2) the question, although moot in the immediate context, is of great public interest and should be addressed for future guidance of the bar and public, or (3) the issue may be repeatedly presented to the trial court, yet escape review at the appellate level because of its fleeting or determinate nature.” Campaign for Transp., 658 A.2d at 215 (quoting Gleason, 404 A.2d at 578). The Superior Court denied plaintiffs motion to dismiss the appeal on the basis of the first and third of these exceptions.

[¶ 6] Before we will entertain a moot appeal pursuant to the collateral consequences doctrine, the appellant must demonstrate that a decision on the merits of the appeal will have “more than ‘conjectural and insubstantial consequences’” in the future. Nat'l Coun. on Camp. Ins. v. Super. of Ins., [*1388] 538 A.2d 759, 763-764 (Me.1988) (quoting Bennett v. State, 289 A.2d 28, 32 (Me.1972)). [3] Defendant implies in his brief that the finding of abuse could have collateral consequences in later litigation. He does not, however, demonstrate what those consequences might be, nor does he document the existence of any pending litigation that might be impacted by the finding. Thus, defendant has failed to demonstrate that the collateral consequences of the ruling are substantial enough to justify our consideration of a question with no continuing controversial vitality. Bennett, 289 A.2d at 32.

[¶ 7] We also reject the court’s conclusion that application of the mootness doctrine in this case would create a class of cases insulated from appellate scrutiny. Moot issues that “may be repeatedly presented to the Superior Court, yet escape further review by this Court because of their fleeting or determinate nature” may fall within a narrow exception to the mootness doctrine. Lynch v. Town of Kittery, 473 A.2d 1277, 1279 (Me.1984); Nat’l Coun. on Comp. Ins., 538 A.2d at 764. In order to qualify, the activity generating the issue, by its very nature, must be so short in duration that the issue will never be fully litigated prior to the cessation or expiration of the action. Nat’l Coun. on Comp. Ins., 538 A.2d at 764 (citing Conyers v. Reagan, 765 F.2d 1124, 1128 (D.C.Cir.1985)). In addition, there must be a “reasonable expectation” or “demonstrated probability” that the same controversy will recur involving the same complaining party. Taxpayers for the Animas-La Plata Referendum v. Animas-La Plata Water Conservancy District, 739 F.2d 1472, 1479 (10th Cir.1984), cited with approval in Nat’l Coun. on Comp. Ins., 538 A.2d at 764. “The mere theoretical possibility of repetition is not enough.” Nat’l Coun. on Comp. Ins., 538 A.2d at 764. The present appeal does not fall within the exception because “[o]nly speculation in the extreme would suggest that the same concatenation of circumstances from which this litigation arose will repeat itself.” Id.

The entry is:

Judgment vacated. Remanded to the Superior Court for the entry of an order dismissing the appeal as moot.

1

. The relevant portion of the statute provides:

"Abuse” means the occurrence of the following acts between family or household members or by a family or household member upon a minor child of a family or household member:
B. Attempting to place or placing another in fear of bodily injury through any course of conduct including, but not limited to, threatening, harassing or tormenting behavior....

19 M.R.S.A. § 762(1)(B) (Supp.1996).

2

. Plaintiff initially testified to events occurring from 1960-1980, but the court requested that she testify only to incidents within a "reasonable time prior to the current situation.” Defendant argued that testimony regarding the history of the marriage was irrelevant to the issue before the court, i.e., the events of May 17. The court considered plaintiff's testimony for a limited purpose — "to better understand what actually occurred on May 17th.”

3

. With regard to criminal judgments, legal presumptions may aid the appellant in meeting this burden. See Sibron v. New York, 392 U.S. 40, 52-55, 88 S.Ct. 1889, 1897-99, 20 L.Ed.2d 917 (1968) (presuming that collateral consequences result from convictions of crime).