e-Journal Summary

e-Journal Number : 30245
Opinion Date : 01/19/2006
e-Journal Date : 01/30/2006
Court : Michigan Court of Appeals
Case Name : Lou v. Kramer
Practice Area(s) : Personal Protection Orders
Judge(s) : Memorandum – Zahra, Murphy, and Neff
Full Text Opinion
Issues:

Motion to rescind a personal protection order (PPO)

Summary

The court dismissed as moot respondent’s appeal of a circuit court order denying his motion to rescind a PPO, which was obtained by petitioner and prohibited him from approaching, following, contacting, confronting, and threatening her, along with precluding him from engaging in various other “stalking” behaviors (the parties are next door neighbors). The PPO expired under its own terms on June 29, 2005, and was not extended. Because the PPO expired on June 29, 2005, it was impossible for the court to rectify the alleged undue restraint on respondent’s actions as a result of the PPO during the time it was in force. Furthermore, the court declined respondent’s invitation to find the issues raised were of public significance. Moreover, even though petitioner may attempt to obtain another PPO, new factual circumstances and allegations of harassment, of which the court was not privy, will play a role in that request.

Full Text Opinion