Opinion
365506
05-10-2023
Nossonal Kleinfeldt v. Nicole Stern
LC No. 2022-511266-DC
Mark J. Cavanagh Presiding Judge, Elizabeth L. Gleicher, Colleen A. O'Brien Judges
ORDER
The motion for immediate consideration is GRANTED.
Pursuant to MCR 7.205(E)(2), the Court orders that the portion of the trial court's March 10, 2023 order setting the parties' parenting time in two-week increments alternating between Florida and Michigan, which effectively requires the 22-month-old child to fly from Michigan to Florida or back every two weeks, is VACATED as an abuse of discretion. Merecki v Merecki, 336 Mich.App. 639, 644; 971 N.W.2d 659 (2021); Brown v Brown, 332 Mich.App. 1, 8; 955 N.W.2d 515 (2020). This Court's April 3, 2023 order staying enforcement of the March 10, 2023 opinion and order is now moot and DISSOLVED.
The application for leave to appeal is GRANTED, limited to the issue of whether the circuit court erred by finding that the minor child had an established custodial environment with both parents. The time for taking further steps in this appeal runs from the date of the Clerk's certification of this order. MCR 7.205(E)(3).
In all other respects the application for leave to appeal is DENIED for failure to persuade the Court of the need for immediate appellate review.