In Re Zimmerman

Order Michigan Supreme Court Lansing, Michigan March 28, 2008 Clifford W. Taylor, Chief Justice 135812 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan IN RE STEVEN ZIMMERMAN, a/k/a Robert P. Young, Jr. THOMAS LUJAN JOHNSON, Minor. Stephen J. Markman, Justices ______________________________________ SHANE EDWARD JOHNSON, and PATRICIA JOHNSON, Petitioners, and KASSANDRA ZIMMERMAN, Petitioner-Appellant, v SC: 135812 COA: 279696 Ottawa CC Fam Div: 07-057516-AD SHAUN ALAN BYRON, a/k/a SHAWN ALAN BYRON, Respondent-Appellee. _________________________________________/ On order of the Court, the application for leave to appeal the January 3, 2008 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we VACATE that portion of the Court of Appeals judgment addressing “The Grant of Immediate Custody to Byron [respondent],” and we REMAND this case to the Ottawa Circuit Court Family Division. The Court of Appeals erred in reviewing the circuit court’s order as one that gave respondent custody of the minor child. Instead, the circuit court ruled that it was awarding “temporary placement” of the child with respondent and further urged the parties to act quickly to settle the custody issue. We AFFIRM that ruling and DIRECT that court to resolve the custody dispute in an expeditious manner, if that has not already occurred. In all other respects, the Court of Appeals judgment is affirmed. I, Corbin R. Davis, 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. March 28, 2008 _________________________________________ l0325 Clerk