From Casetext: Smarter Legal Research

Marik v. Marik

Michigan Supreme Court Lansing, Michigan
Nov 16, 2017
SC: 154549 (Mich. Nov. 16, 2017)

Opinion

SC: 154549

11-16-2017

KIMBERLY MARIE MARIK, Plaintiff-Appellee, v. PETER BRIAN MARIK, Defendant-Appellant.


Order

154549 & (38) Stephen J. Markman, Chief Justice Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Kurtis T. Wilder, Justices COA: 333687
Macomb CC Family Division: 2011-000651-DM

On October 11, 2017, the Court heard oral argument on the application for leave to appeal the July 12, 2016 order of the Court of Appeals. The motion to supplement oral argument is GRANTED. On order of the Court, the application is again considered. MCR 7.305(H)(1). In lieu of granting leave to appeal, we VACATE the order of the Court of Appeals and REMAND this case to that court for reconsideration of the question whether the Macomb Circuit Court's June 13, 2016 order denying the defendant father's request to change the children's school enrollment and modifying parenting time was "a postjudgment order affecting the custody of a minor" and therefore, a "final order" under MCR 7.202(6)(a)(iii) and appealable by right under MCR 7.203(A)(1). In doing so, the court shall apply the standard applicable prior to Ozimek v Rodgers (On Remand), 317 Mich App 69 (2016), which we overrule. Ozimek erred in concluding that the term "custody" in MCR 7.202(6)(a)(iii) does not comprise the concept of legal custody. We further note that this Court has opened an administrative file, ADM File No. 2017-20, to consider amending MCR 7.202(6)(a)(iii).

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

November 16, 2017

/s/_________

Clerk


Summaries of

Marik v. Marik

Michigan Supreme Court Lansing, Michigan
Nov 16, 2017
SC: 154549 (Mich. Nov. 16, 2017)
Case details for

Marik v. Marik

Case Details

Full title:KIMBERLY MARIE MARIK, Plaintiff-Appellee, v. PETER BRIAN MARIK…

Court:Michigan Supreme Court Lansing, Michigan

Date published: Nov 16, 2017

Citations

SC: 154549 (Mich. Nov. 16, 2017)