Opinion
No. 2186
11-21-2019
Circuit Court for Montgomery County
Case No. 154130FL
UNREPORTED
Friedman, Wells, Sharer, J. Frederick, (Senior Judge, Specially Assigned) JJ. Opinion by Friedman, J. *This is an unreported opinion, and it may not be cited in any paper, brief, motion, or other document filed in this Court or any other Maryland Court as either precedent within the rule of stare decisis or as persuasive authority. Md. Rule 1-104.
This appeal arises from the issuance of a final protective order. Following a domestic dispute, Appellee Lori Kaufman filed a petition for protection against her husband, Appellant Richard Kaufman. After the District Court issued a temporary protective order, the matter was transferred to the Circuit Court for Montgomery County to be considered in conjunction with the parties' already pending divorce. The circuit court held a hearing and issued a final protective order that included an order for the payment of emergency family maintenance. Mr. Kaufman now challenges that the circuit court erred by granting emergency family maintenance without an explicit finding that it was financially necessary for Ms. Kaufman's support.
We first note that the protective order expired under its own terms on July 13, 2019. Because the order has expired, this Court may not modify its terms. Suter v. Stuckey, 402 Md. 211, 219 (2007). As a result, there is no possible relief that could be granted, making the appeal moot. Id.
We further note that Mr. Kaufman consented to the entry of the protective order. In the absence of any allegations that there was some irregularity in the entry of the judgment, there is no right to appeal from a protective order entered by consent. Suter, 402 Md. at 235-36.
APPEAL DISMISSED. COSTS TO BE PAID BY APPELLANT.