Opinion
SC: 163357 COA: 353999
11-29-2021
Victoria BURTON-HARRIS, Plaintiff, v. WAYNE COUNTY CLERK and Wayne County Election Commission, Defendants-Appellants, and Kym Worthy, Intervening Defendant-Appellee, and Robert Davis, Appellee.
Order
On order of the Court, the application for leave to appeal the May 7, 2021 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE Parts II, IV, and V of the judgment of the Court of Appeals. We also VACATE the portion of Part III holding that appellee Robert Davis had appellate standing. Because the Wayne Circuit Court denied Davis's motion to intervene, the Court of Appeals affirmed that decision, and Davis never filed a motion to intervene in the Court of Appeals, he was never a party in this case, and thus could not seek appellate review of the trial court's denial of the plaintiff's request for mandamus and declaratory relief. See, e.g., League of Women Voters of Michigan v. Secretary of State , 506 Mich. 561, 579, 957 N.W.2d 731 (2020) (stating that an aggrieved party "upon intervening, has standing to appeal"). Accordingly, the Court of Appeals should not have considered those issues. The only issue properly before the Court of Appeals was whether the trial court abused its discretion by denying Davis's motion to intervene. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.