e-Journal Summary

e-Journal Number : 30997
Opinion Date : 03/21/2006
e-Journal Date : 03/27/2006
Court : Michigan Court of Appeals
Case Name : Eckert v. Eckert
Practice Area(s) : Personal Protection Orders
Judge(s) : Memorandum - Hoekstra, Wilder, and Zahra
Full Text Opinion
Issues:

Motion to terminate an ex-parte PPO

Summary

The court dismissed the respondent’s appeals from the denial of his motion to terminate an ex-parte PPO appeal as moot. The amended PPO expired by its express terms on July 23, 2005. Review of the record did not indicate the respondent was subject to any continuing limitation on his freedom of action, ability to possess or purchase guns, or other adverse consequences from the now expired PPO. Similarly, the statute under which the initial and amended PPOs were authorized, MCL 600.2950, provides for no continuing consequences or limitations on respondent’s freedom. The issue was therefore moot because a decision at this point to vacate the amended PPO would have “no practical legal effect.”

Full Text Opinion