Opinion
No. 129606.
February 3, 2006.
Order Granting Oral Argument in Cases Pending on Application for Leave to Appeal.
SC: 129606, COA: 252840.
Pursuant to MCR 7.302(G)(1), we direct the clerk to schedule oral argument on whether to grant the application or take other peremptory action. The parties shall include among the issues to be addressed at oral argument: (1) whether plaintiff lacked standing to proceed under the Paternity Act, MCL 722.711 et seq., where the subject child's mother was married at the time of the child's conception, see Girard v. Wagenmaker, 437 Mich 231 (1991); and (2) whether the default judgment of divorce amounted to a judicial determination that the child was born or conceived during the marriage but was not the issue of the marriage. The parties may file supplemental briefs within 28 days of this order, but they should avoid submitting mere restatements of the arguments made in their application papers.