T.M. v. M.Z.
501 Mich. 312
| Mich. | 2018Background
- TM (petitioner) obtained an ex parte personal protection order (PPO) against neighbor MZ (respondent) under the stalking/cyberstalking statute, MCL 750.411s, based on Facebook posts.
- The trial court later narrowed the PPO to prohibit certain online postings; the PPO was entered and transmitted to the Law Enforcement Information Network (LEIN) as required by statute.
- MZ appealed the PPO; by the time the Court of Appeals heard argument the PPO had expired.
- A Court of Appeals panel held the appeal moot solely because the PPO had expired and did not decide the merits.
- The Michigan Supreme Court granted review to decide whether expiration of a PPO alone renders an appeal moot, focusing on whether a rescission notation in LEIN constitutes practical relief or a collateral consequence.
Issues
| Issue | Plaintiff's Argument (TM) | Defendant's Argument (MZ) | Held |
|---|---|---|---|
| Whether expiration of a PPO alone renders an appeal moot | Expiration eliminates any live controversy; appeal should be dismissed as moot | Expiration does not moot appeal because vacatur/rescission would require LEIN correction and provides practical legal relief | Expiration alone does not render the appeal moot; appeal remanded for merits review |
| Whether a court judgment that a PPO should not have issued can have practical effect via LEIN correction | Not directly addressed as separate argument | A successful appeal would entitle respondent to have LEIN reflect that the PPO was rescinded, affecting background checks and collateral interests | A judgment ordering that the PPO was invalid can produce practical relief by prompting LEIN notation that the PPO was rescinded; that is enough to avoid mootness |
Key Cases Cited
- James v. Alberts, 464 Mich. 12 (question of law reviewed de novo)
- East Grand Rapids Sch. Dist. v. Kent Co. Tax Allocation Bd., 415 Mich. 381 (Michigan courts generally do not decide moot cases)
- Visser v. Visser, 495 Mich. 862 (Court considered practical consequences of PPO record)
- Hayford v. Hayford, 279 Mich. App. 324 (PPO on record may create employment-related collateral consequences)