People of Michigan v. John Antonya Moss ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
April 19, 2019 Bridget M. McCormack,
Chief Justice
156616 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellee, Elizabeth T. Clement
Megan K. Cavanagh,
Justices
v SC: 156616
COA: 338877
Berrien CC: 2015-005091-FH
JOHN ANTONYA MOSS,
Defendant-Appellant.
_________________________________________/
On March 6, 2019, the Court heard oral argument on the application for leave to
appeal the August 21, 2017 order of the Court of Appeals. On order of the Court, the
application is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting
leave to appeal, we REMAND this case to the Court of Appeals for consideration as on
leave granted. On remand, the Court of Appeals shall specifically address whether a
family relation that arises from a legal adoption, see MCL 710.60(2) (“. . . After entry of
the order of adoption, there is no distinction between the rights and duties of natural
progeny and adopted persons. . .”) (1) is effectively a “blood” relation, as that term is
used in MCL 750.520b – MCL 750.520e; or (2) is a relation by “affinity,” as that term is
used in MCL 750.520b – MCL 750.520e, see Bliss v Caille Bros Co, 149 Mich. 601, 608
(1907); People v Armstrong, 212 Mich. App. 121 (1995); People v Denmark, 74 Mich. App.
402 (1977).
We do not retain jurisdiction.
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.
April 19, 2019
t0416
Clerk