Summary
Michigan Supreme Court order granting leave to appeal and directing oral argument on whether the Court of Appeals erred in deeming moot the trial court’s decisions under Section 39 of the Adoption Code (MCL 710.39) after entry of a filiation order in a paternity action, and whether In re MKK, 286 Mich. App. 546 (2009), should be overruled. The case is consolidated for argument with In re MGR, Minor, and the Family Law Section is invited to file an amicus brief. Key topics: adoption, paternity, mootness, MCL 710.39, and stare decisis.
Topics
Practice areas
Questions Presented
- Whether the Court of Appeals erred in determining that the trial court’s decisions under Section 39 of the Adoption Code, MCL 710.39, were moot in light of the order of filiation that entered in the paternity action.
- Whether In re MKK, 286 Mich. App. 546 (2009), should be overruled.
Factual background
The order does not provide factual background. It is a procedural order addressing an application for leave to appeal in an adoption and paternity case. The order directs briefing on whether the Court of Appeals erred in deeming moot the trial court's decisions under MCL 710.39 and whether In re MKK should be overruled.
Procedural history
The case originated in Wayne County Circuit Court, Family Division (case no. 16-000241-AD). The Court of Appeals issued a judgment on March 13, 2018 (COA: 338169). The Michigan Supreme Court is considering the application for leave to appeal and has directed oral argument and supplemental briefing on specified issues.