Order Michigan Supreme Court
Lansing, Michigan
April 11, 2007 Clifford W. Taylor,
Chief Justice
132769 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
DENNIS RIZZUTO, Robert P. Young, Jr.
Plaintiff-Appellant, Stephen J. Markman,
Justices
v SC: 132769
COA: 269993
Wayne CC: 96-600516-DO
SUSAN RIZZUTO,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the November 8, 2006
order of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the questions presented should be reviewed by this Court. This order is
without prejudice to the plaintiff raising the issue of whether MCL 552.28 precludes
courts from prohibiting a party from seeking a modification of spousal support prior to
the expiration of a stated period of years, should the plaintiff seek to modify his support
obligation prior to the expiration of the five-year period imposed by the Wayne Circuit
Court’s March 7, 2006 order.
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.
April 11, 2007 _________________________________________
s0404 Clerk