Order Michigan Supreme Court
Lansing, Michigan
February 27, 2007 Clifford W. Taylor,
Chief Justice
132328 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
SHANNON NEAL BRINKLEY, Robert P. Young, Jr.
Plaintiff-Appellant, Stephen J. Markman,
Justices
v SC: 132328
COA: 269725
Wayne CC: 98-840467-DM
LENA MARIE BRINKLEY,
Defendant-Appellant,
_________________________________________
KENNETH BACA and PATRICIA BACA,
Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the July 18, 2006 order
of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of
granting leave to appeal, we REMAND this case to the Court of Appeals for plenary
consideration of the grandparents’ constitutional issue. Although the Court of Appeals
did not err in concluding that the doctrine of res judicata was improperly applied by the
Wayne Circuit Court to deny the motion for relief from judgment, a remand to the circuit
court is not necessary in order to resolve the constitutional questions presented. In all
other respects, leave to appeal is DENIED, because we are not persuaded that the
remaining questions presented should be reviewed by this Court.
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.
February 27, 2007 _________________________________________
p0220 Clerk