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It seems my previous question was misunderstood. A user suggested that I ask a new question instead of rewording the previous one.

The answers to that question addressed whether a decision that a case is moot can be appealed. My question is whether a judgment can be appealed on the grounds that it was moot.

For example, in a Judgement of Possession (JOP) action, suppose a tenant vacates the premises & returs the keys to the landlord prior to the trial. The court enters a judgement for possession (JOP) - despite evidence showing that the landlord repossessed the premises. The tenant now wants to appeal the JOP on grounds that it was moot (as he already vacated the premises prior to the JOP).

In this question a user suggests that the court may not have jurisdiction to enter a judgement in such cases:

It seems like the action for possession would be moot under these circumstances, prohibiting the court from entering judgment.

If the court lacks jurisdiction then the JOP should be appealable. However, if mootness is merely a "discretionary doctrine" reflecting a desire to preserve an adversarial context and a concern for judicial economy then once the judgement has been entered these concerns are no longer valid and the judgement should not be appealable.

Which approach is the correct one?

Update:

As to the question "why does it matter" @user253751 is correct:

The tenant doesn't want a JOP on their record when they actually followed the contract and moved out prior to the trial

S.O.S
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    If an issue is moot, the ruling has no actual or practical significance. If the ruling has some actual impact on the tenant, that would imply that the issue is not moot. So appealing an order to argue that it's moot is a bit of a logical connundrum. It could be done as part of an appeal on the merits (i.e. "the court errored in granting the judgement because of X but even if you don't accept X the issue was mooted by Y"). – Justin Cave Apr 03 '23 at 18:18
  • @JustinCave the reason it is moot is because the ruling was not necessary since the tenant moved out, not because it had no effect on the tenant. the purpose of JOP is to give the landlord possession but in this case the landlord already took possession. – S.O.S Apr 04 '23 at 18:41
  • But if the original judge granted the request, he or she must have made a determination that the issue was not moot. That would normally be a highly fact-based determination. Appeals aren't to re-litigate factual determinations from the lower court so appealing that sort of order would be quite difficult. The fact that the tenant wants to appeal also implies that there is some actual or practical significance to the ruling which argues against it being moot. Not saying it is categorically impossible but it would be a heavily uphill battle. – Justin Cave Apr 04 '23 at 19:43
  • Other answers to the previous question address the issue. – ohwilleke Apr 05 '23 at 03:38

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