Summary
overruling Ozimek v Rodgers (On Remand), 317 Mich App 69
Summary of this case from Madson v. JasoOpinion
SC: 154549 COA: 333687
11-16-2017
Kimberly Marie MARIK, Plaintiff-Appellee, v. Peter Brian MARIK, Defendant-Appellant.
Order
On October 11, 2017, the Court heard oral argument on the application for leave to appeal the July 12, 2016 order of the Court of Appeals. The motion to supplement oral argument is GRANTED. On order of the Court, the application is again considered. MCR 7.305(H)(1). In lieu of granting leave to appeal, we VACATE the order of the Court of Appeals and REMAND this case to that court for reconsideration of the question whether the Macomb Circuit Court's June 13, 2016 order denying the defendant father's request to change the children's school enrollment and modifying parenting time was "a postjudgment order affecting the custody of a minor" and therefore, a "final order" under MCR 7.202(6)(a)(iii) and appealable by right under MCR 7.203(A)(1). In doing so, the court shall apply the standard applicable prior to Ozimek v. Rodgers (On Remand), 317 Mich. App. 69, 893 N.W.2d 125 (2016), which we overrule. Ozimek erred in concluding that the term "custody" in MCR 7.202(6)(a)(iii) does not comprise the concept of legal custody. We further note that this Court has opened an administrative file, ADM File No. 2017-20, to consider amending MCR 7.202(6)(a)(iii).