Order Michigan Supreme Court
Lansing, Michigan
February 14, 2020 Bridget M. McCormack,
Chief Justice
160151 & (118) David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
Richard H. Bernstein
In re N. J. PENDER, Minor. SC: 160151 Elizabeth T. Clement
COA: 345008 Megan K. Cavanagh,
Justices
Wayne CC Family Division:
16-523759-NA
_______________________________________/
By order of November 27, 2019, the movants were directed to file a brief citing
legal authority in support of their joint motion to vacate the decision of the Court of
Appeals, vacate the trial court’s order terminating the respondent-mother’s parental rights,
and remand to the Wayne Circuit Court with instructions to offer to transfer the case to
New York. On order of the Court, the brief having been received, the application for leave
to appeal the July 9, 2019 judgment of the Court of Appeals and joint motion are again
considered. The joint motion is GRANTED. MCR 7.316(A)(7). Because of the unique
circumstances of this case, the Wayne Circuit Court’s June 26, 2018 order terminating the
respondent-mother’s parental rights, and that part of the Court of Appeals July 9, 2019
unpublished opinion (Docket No. 345008) concerning the respondent-mother’s parental
rights, are VACATED. See MCR 7.316(A)(7) (stating that the Supreme Court may “enter
other and further orders and grant relief as the case may require”). The application for
leave to appeal is DISMISSED. We REMAND this case to the Wayne Circuit Court for
further proceedings not inconsistent with this order.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
February 14, 2020
p0211
Clerk