e-Journal Summary

e-Journal Number : 49451
Opinion Date : 07/28/2011
e-Journal Date : 08/22/2011
Court : Michigan Court of Appeals
Case Name : Wittebort v. Stanley
Practice Area(s) : Personal Protection Orders
Judge(s) : Memorandum - M.J. Kelly, O'Connell, and Servitto
Full Text Opinion
Issues:

Whether the trial court properly denied respondent-Stanley's motion to terminate an ex parte PPO; "Mootness"; B P 7 v. Bureau of State Lottery; Whether the issue was of public significance; City of Warren v. Detroit; Hayford v. Hayford

Summary

Since the PPO had expired by is own terms, the court held that there was nothing for it to dissolve. Further, it was impossible for the court to fashion a remedy, the issues presented were not of public significance, and respondent did not allege any collateral consequences arising from the entry of the now-expired PPO to compel review by the court. Thus, the court dismissed the appeal as moot. Although respondent contended that the trial court erred in issuing the PPO, it expired by its terms on 3/18/11, and there was no indication that it was renewed. Generally, the "court will not decide moot issues." "An issue is deemed moot when an event occurs that renders it impossible for a reviewing court to grant relief."

Full Text Opinion