In the Matter of D.L.H., 198 N.C. App. 286 (2009)

Although issues raised by the juvenile regarding the denial of her motion for release from custody were moot because the juvenile’s probation had expired, dismissal of the appeal was not required because the issues were “capable of repetition, yet evading review.” For this exception to apply, two requirements must be met: (1) the challenged action is too short in duration to be fully litigated prior to its expiration, and (2) there is a reasonable expectation that the same complaining party would be subjected to the same action again. The secure custody order in this case satisfied both requirements.

Subsequent History: Reversed on other grounds by 364 N.C. 214 (2010).