Order of Court. Eldridge, J., dissents and filed a dissenting opinion at page 348 infra.
ORDER
Upon consideration of the appellants’ motion to dismiss, on the ground that the cause is now moot, the petition for the writ of certiorari in this cause heretofore issued to the Court of Special Appeals, and the hearing set for September 20 having verbally been ordered cancelled, it is this 21st day of September 1982,
ORDERED, by the Court of Appeals of Maryland, a majority concurring, that the motion be, and it is denied without prejudice to the rights of the parties to argue mootness as hereinafter indicated; and it is further
ORDERED that this cause be briefed and argued in the normal course at which time, in addition to any other questions they may deem relevant, the parties are specifically directed to brief and argue the following questions:
1) Did the trial court err in enjoining Bonny Ann Fritz from having an abortion performed including the issues subsumed therein:
*348a) Whether a husband has the right under either the Constitution of the United States or the Constitution of the State of Maryland or otherwise by law to challenge his wife’s decision to have an abortion.
b) Whether the child abuse laws of Maryland apply to a fetus being aborted.
2) Whether a single Maryland appellate judge is vested with the power and authority to stay the order of a trial court.
3) Whether this cause is moot.