Opinion
364111
12-22-2022
In re Guardianship of John Emmanuel Kratsas
LC No. 2022-877442-GA.
Noah P. Hood, Presiding Judge, Christopher M. Murray, Michael J. Riordan, Judges.
ORDER
The motion for immediate consideration is GRANTED.
The application for leave to appeal is GRANTED. The time for taking further steps in this appeal runs from the date of the Clerk's certification of this order. MCR 7.205(E)(3). This appeal is limited to the issues raised in the application and supporting brief. MCR 7.205(E)(4).
The motion to consolidate is GRANTED, and this case is CONSOLIDATED with the application filed in Docket No. 364112, In re Conservatorship of John Emmanuel Kratsas.
On the Court's own motion, the appeals are EXPEDITED. Appellant's brief is due no later than 28 days from filing of the necessary transcripts or clerk's certification date of this order, whichever is later. Appellee's brief is due no later than 21 days after service of appellant's brief. No reply brief or extension of time will be allowed except by order of the Court.
The clerk is directed to expedite the submission of these cases on the session calendar in accordance with MCR 7.213(C)(2) and (C)(7).
Murray, J. If appellant had sought leave to appeal the trial court's decision to force a party into binding mediation, I would have voted to grant leave to appeal. But appellant did not do so, this Court cannot reach the issue upon plenary review. See MCR 7.205(E)(4). Additionally, in the absence of such a challenge, it seems prudent to allow parties to complete the mediation, and if for some reason that is unsuccessful, conduct the evidentiary hearing, to resolve this matter in an expeditious manner.