Opinion
354620
09-30-2021
Kimberly S Ellis v. Scott D Ellis
LC No. 09-245011-DM
Michael J. Kelly, Colleen A. O'Brien JudgesORDER
Christopher M. Murray Presiding Judge
This matter was submitted for oral argument on September 8, 2021. After oral argument appellant was ordered to file a supplemental brief addressing whether, in light of the proceedings occurring in Georgia, this matter was moot. Appellant filed the supplemental brief, along with documentation regarding the proceedings in Georgia. After reviewing the supplement brief and attachments, we conclude the appeal is moot in light of the Georgia court accepting jurisdiction over the child under the Uniform Child-Custody Jurisdiction and Enforcement Act, MCL 722.1101 et seq, after consultation with the Muskegon Circuit Court. In light of the Georgia proceedings and orders, there is no effective relief we can provide to appellant in this appeal. League of Women Voters of Mich. v Secretary of State, 506 Mich. 561, 582; 957 N.W.2d 731 (2020). Appellant, in fact, concedes as much, but argues that an exception to the mootness doctrine applies because this is the type of matter that may arise again but evade appellate review. See, e.g., Milford v People's Community Hosp, 380 Mich. 49, 55-56; 155 N.W.2d 835 (1968). But as appellant's supplemental brief makes clear, there are decisions from this Court that address grandparenting time orders entered after one parent has died, and although the precise issue raised here has not been decided, we conclude that this is not the type of case that will evade appellate review.
As a result of the foregoing, we DISMISS this appeal as moot.