Order Michigan Supreme Court
Lansing, Michigan
July 20, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
153836 & (28) Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
VANESSA OZIMEK, Justices
Plaintiff-Appellant,
v SC: 153836
COA: 331726
Wayne CC: 13-109046-DC
LEE J. RODGERS,
Defendant-Appellee.
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On order of the Court, the motion for immediate consideration is GRANTED.
The application for leave to appeal the March 8, 2016 order of the Court of Appeals is
considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we
VACATE the order of the Court of Appeals and we REMAND this case to the Court of
Appeals for further consideration. On remand, we DIRECT the Court of Appeals to issue
an opinion specifically addressing the issue whether the order in question may affect the
custody of a minor within the meaning of MCR 7.202(6)(a)(iii), or otherwise be
appealable by right under MCR 7.203(A). If the Court of Appeals determines that the
Wayne Circuit Court Family Division’s order is appealable by right, it shall take
jurisdiction over the plaintiff-appellant’s claim of appeal and address its merits. If the
Court of Appeals determines that the Wayne Circuit Court Family Division’s order is not
appealable by right, it may then dismiss the plaintiff-appellant’s claim of appeal for lack
of jurisdiction, or exercise its discretion to treat the claim of appeal as an application for
leave to appeal and grant the application. See Varran v Granneman (On Remand), 312
Mich App 591 (2015), and Wardell v Hincka, 297 Mich App 127, 133 n 1 (2012).
We do not retain jurisdiction.
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.
July 20, 2016
s0718
Clerk