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GREFE & SIDNEY v. WATTERS

12/21/1994

he standard of care required of competent attorneys. Our knowledge of this jury verdict and judgment, which we have affirmed, requires us to not waste precious judicial resources in determining whether material factual issues existed precluding summary judgment disposition of Grefe & Sidney's claim for fees. The propriety of the ruling has been rendered moot by the jury's verdict and the affirmed judgment declaring Grefe & Sidney and Harmon free from negligence.


Other courts support our conclusion that subsequent events may make an issue involving a court's prior decision moot. See Davis v. Odell, 240 Kan. 261, 729 P.2d 1117, 1120 (1986) (holding that plaintiffs being awarded a jury verdict rendered moot alleged error in the trial court's denial of plaintiffs' motion for summary judgment); Brannan v. Wyeth Lab., Inc., 516 So.2d 157, 164 (La.App. 1987), aff'd and rev'd in part on other grounds, 526 So.2d 1101 (La. 1988) (concluding that issue of whether defendants' summary judgment motion was improperly denied was moot where case had already been tried and verdict rendered in favor of plaintiff); Isuani v. Manske-Sheffield Radiology Group, 802 S.W.2d 235, 236-37 (Tex. 1991) (concluding that the lower appellate court should have dismissed the appeal on the temporary injunction as moot as soon as it learned of the trial court's final judgment on the merits).


IV. Conclusion. Having found no merit in Watters' assignments of error in the trial of her malpractice claims, we affirm the judgment on the counterclaim and cross-petition. Accordingly, we conclude that any error committed by the district court in granting summary judgment to Grefe & Sidney on its petition for payment of legal fees and expenses is rendered harmless or moot. The judgment of the district court is affirmed.


AFFIRMED.






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