Opinion
SC: 161535 COA: 347254
03-31-2021
Order
On order of the Court, the application for leave to appeal the April 23, 2020 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1).
The appellant shall file a supplemental brief addressing whether the period of time after the filing of a complaint for divorce is counted when considering whether a spouse was "willfully absent" from the decedent for more than a year before his or her death. MCL 700.2801(2)(e)(i ) ; In re Estate of Erwin , 503 Mich. 1, 921 N.W.2d 308 (2018). The appellant's brief shall be filed by August 30, 2021, with no extensions except upon a showing of good cause. In the brief, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellee shall file a supplemental brief within 21 days of being served with the appellant's brief. A reply, if any, must be filed by the appellant within 14 days of being served with the appellee's brief. The parties should not submit mere restatements of their application papers.
The Probate and Estate Planning Section of the State Bar of Michigan is invited to file a brief amicus curiae. Other persons or groups interested in the determination of the issue presented in this case may move the Court for permission to file briefs amicus curiae.