Order Michigan Supreme Court
Lansing, Michigan
October 28, 2020 Bridget M. McCormack,
Chief Justice
161335 David F. Viviano,
Chief Justice Pro Tem
THOMAS J. O’BRIEN, JR., Stephen J. Markman
Plaintiff-Appellee, Brian K. Zahra
v SC: 161335 Richard H. Bernstein
COA: 347830 Elizabeth T. Clement
Oakland CC Family Division: Megan K. Cavanagh,
Justices
2004-693882-DC
ANN MARIE D’ANNUNZIO,
Defendant-Appellant.
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On order of the Court, the application for leave to appeal the February 27, 2020
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on the application. MCR 7.305(H)(1).
The appellant shall file a supplemental brief within 42 days of the date of this
order addressing: (1) whether the trial court erred by entering a temporary order granting
the appellee full-time parenting time pursuant to MCR 3.207(B) and suspending the
appellant’s parenting time without first conducting an evidentiary hearing, see MCL
722.27(1)(c); Daly v Ward, 501 Mich 897, 898 (2017), and if so, whether that error was
harmless, see Fletcher v Fletcher, 447 Mich 871, 879 (1994); (2) whether the trial court
palpably abused its discretion by granting the appellee sole legal and sole physical
custody and by suspending the appellant’s parenting time; and (3) whether the trial
court’s findings of fact are against the great weight of the evidence. In addition to the
brief, the appellant shall electronically file an appendix conforming to MCR 7.312(D)(2).
In the brief, citations to the record must provide the appendix page numbers as required
by MCR 7.312(B)(1). The appellee shall file a supplemental brief within 21 days of
being served with the appellant’s brief. The appellee shall also electronically file an
appendix, or in the alternative, stipulate to the use of the appendix filed by the appellant.
A reply, if any, must be filed by the appellant within 14 days of being served with the
appellee’s brief. The parties should not submit mere restatements of their application
papers.
The Family Law Section of the State Bar of Michigan is invited to file a brief
amicus curiae. Other persons or groups interested in the determination of the issues
presented in this case may move the Court for permission to file briefs amicus curiae.
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.
October 28, 2020
b1021
Clerk