Guardianship of Melissa W.

Introduction

Grandparents petitioned for guardianship of their minor granddaughter, Melissa. Following trial, the court found Melissa’s father to be a fit parent, denied grandparents’ petition, and ordered the child returned to father “forthwith.” At grandparents’ request, the trial court briefly stayed the relocation to enable the child to finish the school year. Grandparents filed their appeal, but before returning the child to her father, the grandparents’ counsel accompanied 16-year-old Melissa to the Bahamas where the child was purportedly married with grandparents’ consent. Once father learned of the marriage, he moved this court for dismissal of the appeal.

The circumstances of this case require imposition of the ultimate sanction of dismissal of the appeal. Grandparents may not obtain review of the judgment while at the same time being in violation of the very judgment from which they appeal. Additionally, the conduct of grandparents and counsel in arranging Melissa’s emancipation by way of the purported marriage has rendered moot the issue of guardianship. For these reasons, we grant father’s motion and dismiss this appeal. We also impose monetary sanctions…