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Varran v. Granneman

Supreme Court of Michigan

December 23, 2014

EMILY R. VARRAN, a Minor, by her Next Friend, JULIA M. VARRAN, Plaintiff,
v.
PETER J. GRANNEMAN, Defendant-Appellant, and DEBORAH GRANNEMAN and JAMES GRANNEMAN, Intervenors-Appellees

COA: 321866. Washtenaw CC: 03-000271-DC.

Robert P. Young, Jr., Chief Justice. Michael F. Cavanagh, Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Justices.

Order

On order of the Court, the application for leave to appeal the June 20, 2014 order of the Court of Appeals is considered and, pursuant to MCR 7.302(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

Page 556

to issue an opinion specifically addressing the issue of whether an order regarding grandparenting time may affect custody 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 Washtenaw Circuit Court Family Division's order is appealable by right, it shall take jurisdiction over the defendant-appellant's claim of appeal and address its merits. If the Court of Appeals determines that the Washtenaw Circuit Court Family Division's order is not appealable by right, it may then dismiss the defendant-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 Wardell v Hincka, 297 Mich.App. 127, 133; 822 N.W.2d 278 n 1 (2012).

We direct the Court of Appeals' attention to the fact that we are also remanding the related case of Wardell v Hincka (Docket No. 150319) and that the related cases, Wardell v Hincka (Court of Appeals Docket Nos. 324412 and 324763), are currently pending in the Court of Appeals.


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