Opinion
No. 121541.
March 11, 2003.
SC: 121541, COA: 239503, Shiawassee CC: 93-002342-DM
On order of the Court, the application for leave to appeal from the April 25, 2002 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on leave granted regarding whether the Qualified Domestic Relations Order is proper in light of Quade v. Quade, 238 Mich. App. 222 (1999), and whether defendant should receive credit for overpayment of child support. On remand, the Court of Appeals shall also consider whether defense counsel's statements to the trial court regarding the Qualified Domestic Relations Order waived any objection to that order.
Cavanagh and Kelly, JJ., would deny leave to appeal.