Ruggles v. Ruggles

Ct. of Appeals dismissed as moot appeal by defendant (plaintiff’s father) of Dist. Ct.’s order that remanded back to state court plaintiff’s state court action that had been removed by defendant to federal court, where instant removal had occurred more than one year after state court action had been filed. State court action concerned plaintiff’s attempt to obtain both constructive trust over defendant’s voting shares in corporation, as well as injunction to stop defendant from voting his shares in way that would adversely affect corporation or plaintiff’s interest in said corporation. During pendency of appeal, defendant died. As such, appeal became moot, where: (1) defendant’s death precluded any need for constructive trust, where agreement by plaintiff’s parents required defendant to transfer his shares in corporation to plaintiff at defendant’s death; and (2) there was no longer any need to enjoin defendant from taking any action that might adversely affect corporation.