Question juridique clé
Whether the appeal against the first judge’s alleged refusal to rule on the declinatory motion was admissible.
Solution extraite
The appeal had become moot because the first judge had not refused to enter into the matter and the appellant could still raise the incidental requests at the scheduled hearing.
Motifs extraits
By indicating that the lease issue would be handled at the 16 September 2010 hearing, the first judge did not refuse to act. Since the appellant retained the opportunity to argue the incidental motions orally, there was no live controversy left for appellate review.