# In the Interest of A.P.

> Superior Court of Pennsylvania · December 7, 1992 · 421 Pa. Super. 141

URL: https://www.frixlaw.com/law-library/cases/9764435

## Case

- **Full name:** In the Interest of A.P. Appeal of A.P.
- **Court:** Superior Court of Pennsylvania
- **Decided:** December 7, 1992
- **Citations:** 421 Pa. Super. 141; 617 A.2d 764; 1992 Pa. Super. LEXIS 4146
- **Precedential status:** Published
- **Opinion:** Dissent by Chullo
- **Judges:** Rowley, Wieand, Cirillo, Olszewski, Popovich, Johnson, Hudock, Elliott, Chullo
- **Cited by:** 30 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9764435

## Opinion text

CHULLO, Judge,
dissenting:
I most respectfully dissent. I would dismiss the appeal of A.P. as moot. The existence of an actual controversy is essential to appellate jurisdiction. Commonwealth v. Smith, 336 Pa.Super. 636, 639 , 486 A.2d 445, 447 (1984). If, pending appeal, an event occurs which makes relief impossible, the appeal must be dismissed. Id. at 640 , 486 A.2d at 447 . The *155 only exceptions to the jurisdictional requirement for an actual controversy are when the question is of great public importance or when one of the parties will continue to suffer a detriment from the trial court’s decision. Id. at 640-41 , 486 A.2d at 448 .
In this case, the probation period is complete and A.P.’s juvenile disposition for a misdemeanor, possession of a controlled substance, is not a criminal record. See 42 Pa.C.S. § 6354. Juvenile matters are distinguished from adult criminal trials. In re Brandon Smith, 393 Pa.Super. 39, 66 , 573 A.2d 1077, 1090 (1990) (Tamilia, J., concurring in part, dissenting in part); see also 42 Pa.C.S. §§ 6336(a)-(d), 6337, 6352-54. The Rules of Criminal Procedure do not apply to juvenile matters. In re Becker, 370 Pa.Super., 487, 536 A.2d 1370 (1988); see also Pa.Rule Crim.P. 1.
Here there is neither an unresolved question of great public importance, nor will A.P. continue to suffer a detriment. I would, therefore, dismiss the appeal as moot. Smith, supra.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9764435. Public record. Not legal advice.