Smith v. Mastalerz

Plaintiff applied for harassment prevention orders against Defendant because, apparently, several months after Defendant moved out of the apartment he and Plaintiff shared, Defendant drove past Plaintiff as she stood outside the front of her home and then drove past Plaintiff again two more times. The lower court judge found enough evidence to extend the orders. The appeals court dismissed Defendant’s appeal as moot because the harassment prevention order had expired. The Supreme Court remanded the case, holding (1) pursuant to Seney v. Morhy, Defendant’s appeal should not have been dismissed as moot; and (2) there was insufficient evidence to support the issuance of the harassment prevention orders. View "Smith v. Mastalerz" on Justia Law