Emily R Varran v. Peter J Granneman ( 2014 )

Order Michigan Supreme Court
Lansing, Michigan
December 23, 2014 Robert P. Young, Jr.,
Chief Justice
150274 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
EMILY R. VARRAN, a Minor, by her Next Friend, Bridget M. McCormack
JULIA M. VARRAN, David F. Viviano,
Plaintiff, Justices
v SC: 150274
COA: 321866
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 June 20, 2014 order
of 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 order is
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 order is 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. 150319) and that the related cases,
Varran v Granneman (Court of Appeals Docket Nos. 324412 and 324763), are currently
pending 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