Adkins v. Adkins

Full title: ADKINS v ADKINS (ON REHEARING)

Court: Michigan Court of Appeals

Date published: Nov 6, 1989

453 N.W.2d 256 (Mich. Ct. App. 1989)

453 N.W.2d 256

Opinion

Docket No. 112716.

Decided November 6, 1989. Decided on rehearing March 5, 1990.

Richard J. Collins, for defendant.

ON REHEARING

Before: MacKENZIE, P.J., and MARILYN KELLY and T.M. BURNS,^_ JJ.

_ Former Court of Appeals judge, sitting on the Court of Appeals by assignment.

MacKENZIE, P.J.

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.