mootness doctrine (Arkansas) · Go Syfert
← Arkansas issues

mootness doctrine in Arkansas

79 Arkansas opinions name it 2 courts 1992–2026 10 in the last five years

The cases below were cited by Arkansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (20)

CaseFollowedCited
Honeycutt v. Fostergreen
ark · 2007 · cited in 7 Arkansas opinions naming this issue, 2008–2018
2 sentences

2018See Honeycutt v. Foster , 371 Ark. 545 , 268 S.W.3d 875 (2007).

2018See Honeycutt v. Foster , 371 Ark. 545 , 268 S.W.3d 875 (2007).

57
Protect Fayetteville v. City of Fayettevillegreen
· 2019 · cited in 5 Arkansas opinions naming this issue, 2019–2024
2 sentences

2024See Protect Fayetteville v. City of Fayetteville, 2019 Ark. 28, at 3 , 566 S.W.3d 105, 108 .

2024See Protect Fayetteville v. City of Fayetteville, 2019 Ark. 28, at 3 , 566 S.W.3d 105, 108 .

35
Kinchen v. Wilkinsgreen
ark · 2006 · cited in 5 Arkansas opinions naming this issue, 2010–2023
2 sentences

2023The two recognized exceptions to the mootness doctrine extend to (1) issues “capable of repetition, yet evading review” and (2) “issues . . . of substantial public interest which, if addressed, would prevent future litigation.” Kinchen v. Wilkins, 367 Ark. 71 , 74– 75, 238 S.W.3d 94, 97 (2006).

2023The two recognized exceptions to the mootness doctrine extend to (1) issues “capable of repetition, yet evading review” and (2) “issues . . . of substantial public interest which, if addressed, would prevent future litigation.” Kinchen v. Wilkins, 367 Ark. 71 , 74– 75, 238 S.W.3d 94, 97 (2006).

35
Trujillo v. Stategreen
ark · 2016 · cited in 4 Arkansas opinions naming this issue, 2016–2024
2 sentences

2024As a general rule, our appellate courts will not review issues that are moot. 1 To do so would be to render advisory opinions, which this court will not do.2 A case becomes moot when any judgment rendered would have no practical legal effect upon a then existing legal 1 Trujillo v. State, 2016 Ark. 49 , 483 S.W.3d 801 . 2 Id. 2 controversy.3 Two exceptions to the mootness doctrine have been recognized: (1) issues that are capable of repetition yet evade review and (2) issues that raise considerations of substantial public interest that, if addressed, would prevent future litigation. 4 Here, th

2024As a general rule, our appellate courts will not review issues that are moot. 1 To do so would be to render advisory opinions, which this court will not do.2 A case becomes moot when any judgment rendered would have no practical legal effect upon a then existing legal 1 Trujillo v. State, 2016 Ark. 49 , 483 S.W.3d 801 . 2 Id. 2 controversy.3 Two exceptions to the mootness doctrine have been recognized: (1) issues that are capable of repetition yet evade review and (2) issues that raise considerations of substantial public interest that, if addressed, would prevent future litigation. 4 Here, th

24
Delancy v. Stategreen
ark · 2004 · cited in 3 Arkansas opinions naming this issue, 2006–2016
2 sentences

2016See, e.g., Delancy v. State, 356 Ark. 259 , 151 S.W.3d 301 (2004).

2016See, e.g., Delancy v. State, 356 Ark. 259 , 151 S.W.3d 301 (2004).

23
Jenkins v. Bogardgreen
ark · 1998 · cited in 2 Arkansas opinions naming this issue, 2014–2014
2 sentences

2014See Jenkins v. Bogard, 335 Ark. 334 , 980 S.W.2d 270 (1998) (addressing issue of whether a violation of the two-to-seven day provision in Rule 78(d) for conducting hearings deprives a circuit court of jurisdiction); Valley v. Bogard, 342 Ark. 336 , 28 S.W.3d 269 (2000) (addressing issues of 10 Cite as 2014 Ark. ___ necessary and indispensable parties and venue arising from a primary-election-eligibility contest); Jacobs v. Yates, 342 Ark. 243 , 27 S.W.3d 734 (2000) (addressing issue of standing arising from an eligibility contest in a primary election).

2014See Jenkins v. Bogard, 335 Ark. 334 , 980 S.W.2d 270 (1998) (addressing issue of whether a violation of the two-to-seven day provision in Rule 78(d) for conducting hearings deprives a circuit court of jurisdiction); Valley v. Bogard, 342 Ark. 336 , 28 S.W.3d 269 (2000) (addressing issues of 10 Cite as 2014 Ark. ___ necessary and indispensable parties and venue arising from a primary-election-eligibility contest); Jacobs v. Yates, 342 Ark. 243 , 27 S.W.3d 734 (2000) (addressing issue of standing arising from an eligibility contest in a primary election).

22
Shipp v. Franklingreen
ark · 2007 · cited in 2 Arkansas opinions naming this issue, 2009–2013
2 sentences

2013See Shipp v. Franklin, 370 Ark. 262 , 258 S.W.3d 744 (2007). [[Image here]] That being said, we have recognized two exceptions to the mootness doctrine, one of which involves issues that are capable of repetition, yet evade review.

2013See Shipp v. Franklin, 370 Ark. 262 , 258 S.W.3d 744 (2007). [[Image here]] That being said, we have recognized two exceptions to the mootness doctrine, one of which involves issues that are capable of repetition, yet evade review.

22
Wright v. Keffergreen
ark · 1995 · cited in 7 Arkansas opinions naming this issue, 1996–2019
2 sentences

2001However, this court has recognized an exception to the mootness doctrine "for cases that are capable of repetition yet evading review, being cases in which the justiciable controversy will necessarily expire or terminate prior to adjudication" Cook v. State, 333 Ark. 22 , 968 S.W.2d 589 (1998) (citing Wright v. Keffer, 319 Ark. 201 , 890 S.W.2d 271 (1995)).

2001However, this court has recognized an exception to the mootness doctrine "for cases that are capable of repetition yet evading review, being cases in which the justiciable controversy will necessarily expire or terminate prior to adjudication" Cook v. State, 333 Ark. 22 , 968 S.W.2d 589 (1998) (citing Wright v. Keffer, 319 Ark. 201 , 890 S.W.2d 271 (1995)).

17
Cotten v. Fooksgreen
ark · 2001 · cited in 6 Arkansas opinions naming this issue, 2004–2012
2 sentences

2012Cotten v. Fooks, 346 Ark. 130 , 55 S.W.3d 290 (2001).

2012Cotten v. Fooks, 346 Ark. 130 , 55 S.W.3d 290 (2001).

16
Dickinson v. Stategreen
ark · 2008 · cited in 2 Arkansas opinions naming this issue, 2009–2017
2 sentences

2017Hollimon, supra; see also Dickinson v. State, 372 Ark. 62 , 270 S.W.3d 863 (2008).

2017Hollimon, supra; see also Dickinson v. State, 372 Ark. 62 , 270 S.W.3d 863 (2008).

12
Terry v. Whitegreen
ark · 2008 · cited in 2 Arkansas opinions naming this issue, 2012–2016
2 sentences

2016See Terry v. White, 374 Ark. 387 , 288 S.W.3d 199 (2008).

2016See Terry v. White, 374 Ark. 387 , 288 S.W.3d 199 (2008).

12
Deer/Mt. Judea School District v. Kimbrellgreen
ark · 2013 · cited in 2 Arkansas opinions naming this issue, 2014–2014
2 sentences

2014Id., ___ S.W.3d at ___.

2014Id., ___ S.W.3d at ___.

12
Arkansas Intercollegiate Conference v. Parnhamgreen
ark · 1992 · cited in 2 Arkansas opinions naming this issue, 1994–1995
2 sentences

1995In addition to those cases that evade review, this court has recognized other exceptions to the mootness doctrine, see Arkansas Intercollegiate Conference v. Parnham, 309 Ark. 170 , 828 S.W.2d 828 (1992) (and cases cited therein), but none of those exceptions require us to decide the present case.

1995In addition to those cases that evade review, this court has recognized other exceptions to the mootness doctrine, see Arkansas Intercollegiate Conference v. Parnham, 309 Ark. 170 , 828 S.W.2d 828 (1992) (and cases cited therein), but none of those exceptions require us to decide the present case.

12
James Toland and First Arkansas Bail Bonds, Inc. v. Mike Robinson, in His Official Capacity as District Judge of Saline County, Benton [Department]; And Stephanie Casady, in Her Official Capacity as District Judge of Saline County, Bryant [Department]green
ark · 2019 · cited in 1 Arkansas opinions naming this issue, 2023–2023
1 sentence

2023See Trujillo, 2016 Ark. 49, at 8 , S.W.3d at 806 (holding Trujilo’s claim that a $300,000 bail was excessive was moot because he pled guilty and an exception to mootness did not apply); see also Toland, 2019 Ark. 368, 9-10 , 590 S.W.3d 146 , 152 (holding Toland’s bail claim was moot because he did not object to the bond at his hearing and he had posted bond before he filed his complaint, thus an exception to mootness did not apply).

11
City of Clinton v. Southern Paramedic Services, Inc.green
ark · 2012 · cited in 1 Arkansas opinions naming this issue, 2020–2020
11
Wilson v. Walthergreen
ark · 2017 · cited in 1 Arkansas opinions naming this issue, 2019–2019
11
Chamberlin v. State Farm Mutual Automobile Insurancegreen
ark · 2001 · cited in 1 Arkansas opinions naming this issue, 2017–2017
11
Ark. Dep't of Human Servs. v. Whitegreen
arkctapp · 2014 · cited in 1 Arkansas opinions naming this issue, 2014–2014
11
Monticello Healthcare Center, LLC v. Goodmangreen
ark · 2010 · cited in 1 Arkansas opinions naming this issue, 2012–2012
11
STATE GAME & FISH COM'N v. Sledgegreen
ark · 2001 · cited in 1 Arkansas opinions naming this issue, 2001–2001
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway.

Also cited on this issue (42)

CaseCitedYears
Allison v. Lee County Election Commission green
ark · 2004
2 sentences

2020Id.

2007Id.

62006–2020
Poland v. Poland green
arkctapp · 2017
2 sentences

2017The supreme court noted in that case that a person convicted of a misdemeanor has the right to appeal pursuant 6 Cite as 2017 Ark.

2017The majority holds that our precedent in Gee must be revised to incorporate a third exception to the mootness doctrine, the theory of “collateral legal consequences.” Such an Cite as 2017 Ark.

32017–2017
Quinn v. Webb Wheel Products green
ark · 1998
2 sentences

2016See Forrest Constr., Inc. v. Milam, supra; Quinn v. Webb Wheel Products, 334 Ark. 573 , 976 S.W.2d 386 (1998); Dillon v. Twin City Bank, supra. Our courts have recognized two exceptions to the mootness doctrine: (1) issues that are capable of repetition, yet evade review; and (2) issues that raise considerations of substantial public interest which, if addressed, would prevent future litigation.

2016See Forrest Constr., Inc. v. Milam, supra; Quinn v. Webb Wheel Products, 334 Ark. 573 , 976 S.W.2d 386 (1998); Dillon v. Twin City Bank, supra. Our courts have recognized two exceptions to the mootness doctrine: (1) issues that are capable of repetition, yet evade review; and (2) issues that raise considerations of substantial public interest which, if addressed, would prevent future litigation.

32001–2016
Wilson v. Pulaski Ass'n of Classroom Teachers green
ark · 1997
2 sentences

2003Id.

1998Wilson v. Pulaski Ass’n of Classroom Teachers, 330 Ark. 298 , 954 S.W.2d 221 (1997); Wright v. Keffer, 319 Ark. 201 , 890 S.W.2d 271 (1995).

31998–2003
Robinson v. Arkansas State Game & Fish Commission green
ark · 1978
2 sentences

2016See, e.g., Quinn v. Webb Wheel Products, supra; Robinson v. Arkansas State Game & Fish Comm’n, 263 Ark. 462 , 565 S.W.2d 433 (1978) (authority of courts to enter temporary orders despite expiration of the particular orders being litigated); Cummings v. Washington County Election Comm’n, 291 Ark. 354 , 724 S.W.2d 486 (1987) (addressing question of candidate’s eligibility to run for office despite completion of election cycle).The other mootness exception concerns issues that raise considerations of substantial public interest which, if addressed, would prevent future litigation.

2016See, e.g., Quinn v. Webb Wheel Products, supra; Robinson v. Arkansas State Game & Fish Comm’n, 263 Ark. 462 , 565 S.W.2d 433 (1978) (authority of courts to enter temporary orders despite expiration of the particular orders being litigated); Cummings v. Washington County Election Comm’n, 291 Ark. 354 , 724 S.W.2d 486 (1987) (addressing question of candidate’s eligibility to run for office despite completion of election cycle).The other mootness exception concerns issues that raise considerations of substantial public interest which, if addressed, would prevent future litigation.

22001–2016
Cummings v. Washington County Election Commission green
ark · 1987
2 sentences

2016See, e.g., Quinn v. Webb Wheel Products, supra; Robinson v. Arkansas State Game & Fish Comm’n, 263 Ark. 462 , 565 S.W.2d 433 (1978) (authority of courts to enter temporary orders despite expiration of the particular orders being litigated); Cummings v. Washington County Election Comm’n, 291 Ark. 354 , 724 S.W.2d 486 (1987) (addressing question of candidate’s eligibility to run for office despite completion of election cycle).The other mootness exception concerns issues that raise considerations of substantial public interest which, if addressed, would prevent future litigation.

2016See, e.g., Quinn v. Webb Wheel Products, supra; Robinson v. Arkansas State Game & Fish Comm’n, 263 Ark. 462 , 565 S.W.2d 433 (1978) (authority of courts to enter temporary orders despite expiration of the particular orders being litigated); Cummings v. Washington County Election Comm’n, 291 Ark. 354 , 724 S.W.2d 486 (1987) (addressing question of candidate’s eligibility to run for office despite completion of election cycle).The other mootness exception concerns issues that raise considerations of substantial public interest which, if addressed, would prevent future litigation.

22001–2016
Valley v. Bogard green
ark · 2000
2 sentences

2014See Jenkins v. Bogard, 335 Ark. 334 , 980 S.W.2d 270 (1998) (addressing issue of whether a violation of the two-to-seven day provision in Rule 78(d) for conducting hearings deprives a circuit court of jurisdiction); Valley v. Bogard, 342 Ark. 336 , 28 S.W.3d 269 (2000) (addressing issues of 10 Cite as 2014 Ark. ___ necessary and indispensable parties and venue arising from a primary-election-eligibility contest); Jacobs v. Yates, 342 Ark. 243 , 27 S.W.3d 734 (2000) (addressing issue of standing arising from an eligibility contest in a primary election).

2014See Jenkins v. Bogard, 335 Ark. 334 , 980 S.W.2d 270 (1998) (addressing issue of whether a violation of the two-to-seven day provision in Rule 78(d) for conducting hearings deprives a circuit court of jurisdiction); Valley v. Bogard, 342 Ark. 336 , 28 S.W.3d 269 (2000) (addressing issues of 10 Cite as 2014 Ark. ___ necessary and indispensable parties and venue arising from a primary-election-eligibility contest); Jacobs v. Yates, 342 Ark. 243 , 27 S.W.3d 734 (2000) (addressing issue of standing arising from an eligibility contest in a primary election).

22014–2014
Jacobs v. Yates green
ark · 2000
2 sentences

2014See Jenkins v. Bogard, 335 Ark. 334 , 980 S.W.2d 270 (1998) (addressing issue of whether a violation of the two-to-seven day provision in Rule 78(d) for conducting hearings deprives a circuit court of jurisdiction); Valley v. Bogard, 342 Ark. 336 , 28 S.W.3d 269 (2000) (addressing issues of 10 Cite as 2014 Ark. ___ necessary and indispensable parties and venue arising from a primary-election-eligibility contest); Jacobs v. Yates, 342 Ark. 243 , 27 S.W.3d 734 (2000) (addressing issue of standing arising from an eligibility contest in a primary election).

2014See Jenkins v. Bogard, 335 Ark. 334 , 980 S.W.2d 270 (1998) (addressing issue of whether a violation of the two-to-seven day provision in Rule 78(d) for conducting hearings deprives a circuit court of jurisdiction); Valley v. Bogard, 342 Ark. 336 , 28 S.W.3d 269 (2000) (addressing issues of 10 Cite as 2014 Ark. ___ necessary and indispensable parties and venue arising from a primary-election-eligibility contest); Jacobs v. Yates, 342 Ark. 243 , 27 S.W.3d 734 (2000) (addressing issue of standing arising from an eligibility contest in a primary election).

22014–2014
Ball v. Phillips County Election Commission green
ark · 2006
2 sentences

2008Id.

2007Id.

22007–2008
Cook v. State neutral
ark · 1998
2 sentences

2001However, this court has recognized an exception to the mootness doctrine "for cases that are capable of repetition yet evading review, being cases in which the justiciable controversy will necessarily expire or terminate prior to adjudication" Cook v. State, 333 Ark. 22 , 968 S.W.2d 589 (1998) (citing Wright v. Keffer, 319 Ark. 201 , 890 S.W.2d 271 (1995)).

2001However, this court has recognized an exception to the mootness doctrine "for cases that are capable of repetition yet evading review, being cases in which the justiciable controversy will necessarily expire or terminate prior to adjudication" Cook v. State, 333 Ark. 22 , 968 S.W.2d 589 (1998) (citing Wright v. Keffer, 319 Ark. 201 , 890 S.W.2d 271 (1995)).

22001–2006
Duhon v. Gravett green
ark · 1990
2 sentences

1992There are exceptions to the doctrine of mootness, see Duhon v. Gravett, 302 Ark. 358 , 790 S.W.2d 155 (1990) and Nathaniel v. Forrest City School Dist.

1992There are exceptions to the doctrine of mootness, see Duhon v. Gravett, 302 Ark. 358 , 790 S.W.2d 155 (1990) and Nathaniel v. Forrest City School Dist.

21992–1997
Ricky Lee Burnett v. State of Arkansas green
ark · 2023
2 sentences

2026Burnett v. State, 2023 Ark. 162 , 677 S.W.3d 191 .

2026Burnett v. State, 2023 Ark. 162 , 677 S.W.3d 191 .

12026–2026
Rocky McGahey v. State of Arkansas green
arkctapp · 2024
1 sentence

2026App. 30 , 683 S.W.3d 211 , and we decline to apply this exception to the mootness doctrine.5 Affirmed.

12026–2026
Marty Boling v. Lona McCastlain, Chairwoman, Arkansas Post-Prison Transfer Board green
ark · 2025
1 sentence

2026Id.

12026–2026
(In the Matter of the Guardianship of Grace Yvonne Fenner) Grace Yvonne Fenner v. Christopher Michael Fenner green
arkctapp · 2025
1 sentence

2026Id.

12026–2026
Clayton Franklin as Adminstrator for the Estate of Cody J. Franklin v. City of Ozark, Arkansas; Nathan Griffith; And Joseph Griffith neutral
arkctapp · 2025
1 sentence

2025In Poland v. Poland, we recognized a mootness exception for civil appeals where findings in a judgment might 3 Franklin v. City of Ozark, 2025 Ark.

12025–2025
Convent Corporation v. City of North Little Rock, Arkansas, a Municipal Corporation; Joe Smith, Mayor, Individually and Inhis Official Capacity; City Council Members Debi Ross, Beth White, Linda Robinson, Maurice Taylor, Steve Baxter, Bruce Foutch, Murry Witcher, and Charlie Hight, Each Individually and in His or Her Official Capacity; Tom Wadley, Director, Code Enforcement Division, Individually and in His Official Capacity; And Felicia McHenry, Code Enforcement Officer, Individually and in Her Official Capacity green
ark · 2021
12022–2022
Johnathan Pinney v. State of Arkansas green
arkctapp · 2020
12021–2021
Watts v. Searcy County Board of Elections neutral
ark · 2005
12020–2020
Hyman v. Sadler green
arkctapp · 2017
12020–2020
Box v. J.B. Hunt Transport, Inc. green
arkctapp · 2017
12018–2018
Keep Our Dollars in Independence County v. Mitchell green
ark · 2017
12018–2018
McPeak v. State neutral
arkctapp · 2012
12017–2017
Putman v. Kennedy green
conn · 2006
12017–2017
Hengel v. City of Pine Bluff green
ark · 1991
12017–2017
Arkansas State Board of Election Commissioners v. Pulaski County Election Commission green
ark · 2014
12017–2017
Thompson v. State green
ark · 2016
12017–2017
Ark. St. Bd. of Elec. Comm'rs v. PCEC green
ark · 2014
12017–2017
Swindle v. State green
ark · 2008
12016–2016
Gray v. Mitchell green
ark · 2008
12016–2016
Whaley v. Beckham green
ark · 2016
12016–2016
Gray v. Thomas-Barnes green
ark · 2015
12015–2015
Bd. of Dir. of the City of Hot Springs v. Pritchett green
ark · 2015
12015–2015
Bailey v. Martin green
ark · 2014
12014–2014
Chandler v. Martin green
ark · 2014
12014–2014
WARREN WHOLESALE CO. v. McLane Co., Inc. green
ark · 2008
12013–2013
Campbell v. State green
ark · 1993
12006–2006
Paslay v. Arkansas Department of Human Services neutral
arkctapp · 2001
12002–2002
McCuen v. McGee neutral
ark · 1994
11998–1998
Richie Ex Rel. Richie v. Board of Education green
ark · 1996
11997–1997

Statutes the citing opinions construe

AR § Ark. Code Ann. § 7-5-207 (7) AR § Ark. Code Ann. § 16 (6) AR § Ark. Code Ann. § 25-19-105 (4) AR § Ark. Code Ann. § 13 (3) AR § Ark. Code Ann. § 20 (3) AR § Ark. Code Ann. § 25-19-101 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 1305 (1976–2026) IL 646 (1965–2026) TX 456 (1976–2026) PA 340 (1967–2026) OH 248 (1975–2026) CT 147 (1979–2026) CA 115 (1978–2026) HI 111 (1987–2026) MO 93 (1976–2025) TN 92 (1983–2026) AK 89 (1971–2025) ID 87 (1983–2026) AR 79 (1992–2026) IA 78 (1982–2025) KS 74 (1978–2025) ME 74 (1981–2025) VT 71 (1978–2025) CO 64 (1975–2026) UT 62 (1981–2026) NC 57 (1976–2025) KY 48 (1983–2026) WI 48 (1986–2026) IN 46 (1987–2026) MI 46 (1978–2026) NE 43 (1989–2026) SC 41 (1996–2024) MD 40 (1976–2025) NV 38 (1986–2025) MN 36 (1980–2025) WA 34 (1988–2026) GA 32 (1983–2025) WY 32 (1985–2025) RI 27 (2004–2025) DC 26 (1964–2024) OK 26 (1984–2026) MT 26 (1996–2022) NM 24 (1983–2025) OR 23 (1995–2021) AZ 22 (1971–2026) VA 21 (1988–2025) MS 21 (1994–2025) FL 21 (1983–2025) MA 20 (1984–2023) SD 18 (1978–2026) DE 16 (1988–2025) AL 15 (1984–2025) LA 14 (1998–2025) WV 12 (1984–2026) NH 9 (1977–2023) NJ 8 (1977–2024) VI 6 (2010–2024) ND 4 (2000–2006)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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