Opinion
367401
08-25-2023
Melissa Satti v. Sajid Satti
LC No. 22-002039-DM
Douglas B. Shapiro Presiding Judge Jane E. Markey James Robert Redford Judges
ORDER
The motion for immediate consideration is GRANTED.
Pursuant to MCR 7.216(A)(7), in lieu of granting the application for leave to appeal, the Court VACATES the August 10, 2023 order and REMANDS for entry of an order requiring the children to attend Crescent Academy International pending the Lombardo hearing. The trial court committed clear legal error when it ordered the children to attend Ann Arbor Public Schools without holding a Lombardo hearing and making findings whether the change in the children's school from Crescent Academy International to Ann Arbor Public Schools would modify the children's established custodial environment and was in the children's best interests. See Pierron v Pierron, 486 Mich. 81, 92-93; 782 N.W.2d 480 (2010). The Court orders the trial court to hold a Lombardo hearing within 21 days from the date of entry of this order and to issue an order on the children's school within 7 days after completion of the Lombardo hearing.
The motion for stay pending appeal is DISMISSED AS MOOT.
The motion to waive the requirements of MCR 7.209(A) is DISMISSED AS MOOT.
The motion for peremptory reversal is DISMISSED AS MOOT.
The motion to strike is DENIED.
The motion to seal is GRANTED IN PART. This Court finds good cause to seal the children's NWEA scores and Dr. Fries's expert report, which are attached to the application for leave to appeal and the answer, based on the children's privacy interest in their academic records and performance, and determines there are no less restrictive means to adequately and effectively protect the interest asserted. MCR 7.211(C)(9)(e).
The Clerk shall disclose or provide copies of any order or opinion entered in this appeal, MCR 8.119(I)(5); MCR 7.211(C)(9)(c), but sealed pleadings or other contents of the file shall not be disclosed or made available for public viewing.
The Clerk is directed to forward a copy of this order to the Clerk of the Supreme Court and to the State Court Administrative Office. MCR 8.119(I)(7); MCR 7.211(C)(9)(c).