Alderson v. Weinstein

Office of Circuit Clerk charged plaintiffs a $50 fee for filing motion to vacate dismissal for want of prosecution of their arbitration case.Plaintiff attorney paid the fee, arbitration case was reinstated, and it proceeded to judgment and is now closed. Plaintiffs then filed suit seeking mandamus and other relief against circuit clerk, contending that clerk was not authorized to charge $50 fee to vacate DWP, as DWP was not a final judgment. Clerk then sent a $50 refund check to attorney for plaintiffs in arbitration case and check for filing fee to attorney for plaintiffs in mandamus case. As there is no longer a controversy between Plaintiffs and circuit clerk, the case is moot. No exception to mootness doctrine applies, as this is not a matter of substantial public concern.(JORGENSEN and BURKE, concurring.)