Suter v. Stuckey

Suter filed a petition for a temporary protective order, alleging boyfriend committed various violent acts against her.  The court issued the temporary protective order and entered a final protective order five days later by consent.  Stuckey, Suter’s boyfriend, later filed an appeal of the final protective order.  Suter filed a motion to dismiss the appeal, arguing the appeal was time-barred, and Stuckey was estopped from appealing a consent judgment.  The court held that the appeal was moot because the protective order had expired; however, it concluded that the issue was one capable of repetition yet evading review, and implicated an important public policy; it therefore examined the merits of the case.  The Court held that boyfriend did not have the right to appeal a protective order entered by consent.

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Year

  • 2007

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Type

Jurisdiction