e-Journal Summary

e-Journal Number : 43222
Opinion Date : 07/09/2009
e-Journal Date : 07/16/2009
Court : Michigan Court of Appeals
Case Name : Zaleski v. Montemayor
Practice Area(s) : Litigation, Personal Protection Orders
Judge(s) : Memorandum - Owens, Servitto, and Gleicher
Full Text Opinion

Dismissal of appeal as moot; In re Contempt of Dudzinski; Federated Publ'ns, Inc. v. Lansing


The court dismissed as moot the respondent's appeal from the trial court's order denying her motion to terminate a PPO because since the PPO expired on April 11, 2009, it was either impossible or unnecessary for the court to fashion any remedy, even if her claims were found to have merit. Since the PPO expired by its own terms, there was nothing for the court to dissolve and a remand to the trial court for a new hearing would serve no purpose. Further, while a reviewing court may address a moot issue if it is one of public significance likely to recur yet evade judicial review, the court concluded the issues here lacked public significance. The appeal was dismissed.

Full Text Opinion