e-Journal Summary

e-Journal Number : 44235
Opinion Date : 11/05/2009
e-Journal Date : 11/12/2009
Court : Michigan Court of Appeals
Case Name : Tanner v. Fritsche
Practice Area(s) : Personal Protection Orders
Judge(s) : Memorandum - Stephens, Cavanagh, and Owens
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Issues:

Motion to terminate a PPO; Mootness; B P 7 v. Bureau of State Lottery; Hayford v. Hayford

Summary

The court dismissed the respondent's appeal of the trial court order denying her motion to terminate a PPO as moot. Because the PPO expired on August 8, 2009, it was impossible or unnecessary for the court to fashion any remedy, even if any of respondent's objections were found to have merit. Because the PPO expired by its own terms, there was nothing for the court to resolve, and a remand to the trial court for a new hearing would serve no purpose. Further, the court held the issues were without public significance, and respondent did not set forth any collateral negative consequence of the continued existence of the now expired PPO of sufficient import to compel the court to review its merits.

Full PDF Opinion