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PICKERING v. PICKERING

Docket No. 233614.

659 N.W.2d 649 (2002)

253 Mich. App. 694

Stephanie Doris PICKERING, Petitioner Appellee, v. John David PICKERING, Respondent Appellant.

Court of Appeals of Michigan.

Decided November 1, 2002, at 9:35 a.m.

Released for Publication February 4, 2003.

Attorney(s) appearing for the Case

Scott T. Beatty, Charlevoix, for the petitioner.

Strain, Murphy & VanderWal, P.C. (by Peter D. Bosch), Grand Rapids, for the respondent.

Before: MURPHY, P.J., and HOOD and MURRAY, JJ.

MURRAY, J.

Respondent John David Pickering appeals as of right an order denying his motion to rescind a personal protection order (PPO) issued ex parte at the request of petitioner Stephanie Doris Pickering, respondent's wife. This case requires us to address two issues that confront circuit courts daily, namely: (1) who has the burden of persuasion in an evidentiary hearing held on a motion to rescind an ex parte PPO; and (2) whether the facts presented in a husband...

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