Emily R Varran v. Peter J Granneman ( 2014 )

Order Michigan Supreme Court
Lansing, Michigan
December 23, 2014 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
150319 & (16) Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
Justices
EMILY R. VARRAN, a Minor, by her Next Friend,
JULIA M. VARRAN,
Plaintiff,
v SC: 150319
COA: 322437
Washtenaw CC: 03-000271-DC
PETER J. GRANNEMAN,
Defendant-Appellant,
and
DEBORAH GRANNEMAN and JAMES
GRANNEMAN,
Intervenors-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the July 16, 2014 order
the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting
leave to appeal, we VACATE the order of the Court of Appeals and we REMAND this
case to the Court of Appeals for further consideration. On remand, we DIRECT the
Court of Appeals to issue an opinion specifically addressing the issue of whether an order
regarding grandparenting time may affect custody within the meaning of MCR
7.202(6)(a)(iii), or otherwise be appealable by right under MCR 7.203(A). If the Court of
Appeals determines that the Washtenaw Circuit Court Family Division’s orders are
appealable by right, it shall take jurisdiction over the defendant-appellant’s claim of
appeal and address its merits. If the Court of Appeals determines that the Washtenaw
Circuit Court Family Division’s orders are not appealable by right, it may then dismiss
the defendant-appellant’s claim of appeal for lack of jurisdiction, or exercise its
discretion to treat the claim of appeal as an application for leave to appeal and grant the
application. See Wardell v Hincka, 297 Mich App 127, 133 n 1 (2012).
We direct the Court of Appeals’ attention to the fact that we are also remanding
the related case of Varran v Granneman (Docket No. 150274) and that the related cases,
2
Varran v Granneman (Court of Appeals Docket Nos. 324412 and 324763), are currently
pending in the Court of Appeals.
The motion to consolidate is DENIED without prejudice to a party filing a motion
to consolidate in the Court of Appeals.
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.
December 23, 2014
s1222
Clerk