Did The District Court Err In Denying Bicknells Motion For Protective Order?
The final issue in this case is Bicknell’s cross-appeal of the district court’s decision to deny his motion for a protective order. In his motion, Bicknell requested that Adamson’s attorney Patrick Smith be prevented from conducting Bicknell’s deposition. At a hearing on the motion, the court declined to grant Bicknell’s request and directed Smith to “‘be cautious'” in deposing Bicknell. Given the deposition went forward as planned, we find the issue raised by Bicknell in his cross-appeal is moot because there is no longer a remedy available in law. To that end, the controversy submitted by Bicknell on appeal already has been resolved and the only judgment that could be entered would be ineffectual for any purpose and an idle act insofar as rights involved in the case are concerned. See In re M.R., 272 Kan. 1335, 1339, 38 P.3d 694 (2002).
