Thornton v. Jacobs
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The Supreme Court dismissed this certified appeal as moot and vacated the judgment of the appellate court dismissing Defendant's appeal, holding that the appeal was moot and that vacatur was appropriate.
This appeal concerned a subpoena that Plaintiffs served on Defendant seeking to depose her. Defendant filed a motion to quash, which the trial court denied. After Defendant appealed, Plaintiffs moved for permission to file an untimely motion to dismiss, arguing that the appeal was frivolous. The appellate court granted Plaintiffs' motion and dismissed the appeal. After the Supreme Court granted certification, Plaintiffs withdrew the subpoena. The Supreme Court held (1) Plaintiffs' withdrawal of the subpoena rendered his appeal moot; and (2) under the circumstances, vacatur of the appellate court's judgment, which was adverse to Defendant, was appropriate.
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