January 24, 2008
DEBRA FRIEDMAN, PLAINTIFF-APPELLANT,
ROY FRIEDMAN, DEFENDANT-RESPONDENT.
On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Camden County, FV-04-1722-07.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted January 14, 2008
Before Judges S.L. Reisner and Gilroy.
In this domestic violence case, plaintiff seeks to appeal from a February 13, 2007 trial court order, denying her application to appear by telephone or video conference at a hearing on her application for a final restraining order. After the judge required plaintiff to appear in person, she did so and was granted a final restraining order.
Defendant, who is incarcerated, did not file a brief in response to this appeal, and we directed plaintiff's attorney to file a supplemental brief addressing the issue of mootness since plaintiff obtained the substantive relief she sought in the trial court.
Having reviewed plaintiff's submissions, we conclude that the issues she raises in this appeal are moot. While plaintiff contends that she seeks to raise important constitutional and policy questions, we deem it injudicious to address such issues where we only have a brief from one party and the underlying dispute is moot. See Donadio v. Cunningham, 58 N.J. 309, 325-26 (1971).
Accordingly, this appeal is dismissed as moot.
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