Summary
holding that the plaintiff insurer was not entitled to reimbursement from the MCCA
Summary of this case from United States Fidelity Insurance & Guaranty Co. v. Michigan Catastrophic Claims Ass'nOpinion
Docket No. 112716.
Decided November 6, 1989. Decided on rehearing March 5, 1990.
Richard J. Collins, for defendant.
ON REHEARING
This case was submitted to this panel previously on the sole issue of whether the trial court erred in ordering the defendant father to pay child support beyond the child's eighteenth birthday. Our majority opinion, decided November 6, 1989, Adkins v Adkins, 181 Mich. App. 81; 448 N.W.2d 741 (1989), affirmed the trial court's award of post-majority support. Judge T.M. BURNS dissented from that opinion.
Defendant's timely motion for rehearing based upon the Michigan Supreme Court's release on November 8, 1989, of Smith v Smith, 433 Mich. 606; 447 N.W.2d 715 (1989), was granted.
In view of the holding of Smith v Smith, we are constrained on rehearing to vacate the trial court's award of postmajority child support dated August 30, 1988, and remand for proceedings consistent with Smith, supra.
Remanded. We retain no further jurisdiction.