Opinion
No. 120079.
March 15, 2002.
COA: 220134, Macomb CC/Family Court-Juvenile Division: 97-045037.
On order of the Court, the application for leave to appeal from the September 4, 2001 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals for the reasons stated by the dissenting judge in the Court of Appeals.
I would deny leave. While the issue is decidedly close, I would not say the Court of Appeals was clearly erroneous and peremptorily reverse.
Kelly, J., joins in the dissent of Cavanagh, J.