Opinion
SC: 160164 COA: 349497 SC: 160166 COA: 349484
10-30-2019
Nicholas David BURNETT, Plaintiff-Appellee, v. Tracy Lynn AHOLA, Defendant-Appellant, and Derek Ahola, Defendant. Nicholas David Burnett, Plaintiff-Appellee, v. Tracy Lynn Ahola, Defendant, and Derek Ahola, Defendant-Appellant.
Order
On order of the Court, the motions for immediate consideration are GRANTED. The applications for leave to appeal the August 14, 2019 orders of the Court of Appeals are considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the June 3, 2019 order of the Genesee Circuit Court denying the defendants’ motions to lift the stay of discovery, we VACATE that part of the December 15, 2016 order of the circuit court staying discovery, and we REMAND this case to that court for further consideration. We DIRECT the Genesee Circuit Court to assign a different judge to preside over further proceedings in this case.
On remand, the circuit court shall: (1) conduct an evidentiary hearing in open court and on the record and determine whether the plaintiff committed intrinsic fraud or fraud on the court during the proceedings under the Revocation of Paternity Act (ROPA), MCL 722.1431 et seq. , considering all relevant evidence that has been or may be discovered after entry of the ROPA judgment; and (2) if so, determine to what, if any, remedy the defendants are entitled. We DIRECT the circuit court to expedite its consideration and resolution of this case.
We do not retain jurisdiction.