Leithliter

These two appeals which pose common questions of law are consolidated for decision by this court and for the court’s ruling on motions to dismiss the appeals.

Each appeal is from the superior court’s denial of a petition for a writ of mandate which sought to compel the respondent school district to permit petitioners to perform duties as the district’s psychologist and psychometrist respectively and not to assign them to other duties. In each case the judgment denying the writ was entered on September 23, 1969. Notice of appeal were filed on October 2, 1969.

The motions to dismiss show that on October 25, 1969, the appellant Leithliter rendered her written resignation effective November 1, 1969, and that some time in January 1970, the appellant Risdon similarly resigned, effective February 1, 1970. Both resignations were approved and ratified by the respondent district.

The motions to dismiss are made on the self-evident ground that the appeals have become moot. They are opposed on the following basis: On August 20, 1969, almost two weeks after the superior court had indicated that it would deny the petition for a writ of mandate and ordered findings to be prepared,…