e-Journal Summary

e-Journal Number : 49329
Opinion Date : 07/19/2011
e-Journal Date : 08/09/2011
Court : Michigan Court of Appeals
Case Name : Murphy v. Murphy
Practice Area(s) : Personal Protection Orders
Judge(s) : Memorandum - Saad, Jansen, and Donofrio
Full Text Opinion
Issues:

Whether the trial court properly denied the respondent-S Murphy's motion to modify or terminate the petitioner-G Murphy's PPO against him; "Moot" issues; BP 7 v. Bureau of State Lottery; Detroit v. Ambassador Bridge Co.

Summary

The court held in this case where the trial court denied the respondent's motion to modify or terminate the petitioner's PPO against him, that the issue was moot and it was unable to grant meaningful relief to respondent. Thus, the court dismissed the appeal. The PPO expired by its own terms on 2/18/11, but respondent argued that he is still affected by the expired PPO because it remains in the LEIN system. However, he failed to allege any future collateral consequences from the expired PPO that are distinguishable from the collateral consequences he already experiences as a result of his previous criminal convictions. The expired PPO does not affect respondent's ability to receive Social Security Disability Insurance benefits. None of the issues he raised on appeal warranted review because they were not of public significance, and likely to recur yet evade judicial review.

Full Text Opinion