Richard William Dorko v. Sherry Sue Dorko ( 2018 )

Order Michigan Supreme Court
Lansing, Michigan
June 20, 2018 Stephen J. Markman,
Chief Justice
156557 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
RICHARD WILLIAM DORKO, Elizabeth T. Clement,
Plaintiff-Appellant, Justices
v SC: 156557
COA: 333880
Kalamazoo CC:
SHERRY SUE DORKO, 2004-005765-DM
Defendant-Appellee.
_____________________________________/
On order of the Court, the application for leave to appeal the August 17, 2017
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other action. MCR 7.305(H)(1).
The appellant shall file a supplemental brief within 42 days of the date of this
order addressing: (1) whether the plaintiff waived any statute of limitations defense; (2)
whether Joughin v Joughin, 320 Mich. App. 380 (2017), was correctly decided; and (3)
when a claim for retirement benefits under a judgment of divorce accrues. In addition to
the brief, the appellant shall electronically file an appendix conforming to MCR
7.312(D)(2). In the brief, citations to the record must provide the appendix page numbers
as required by MCR 7.312(B)(1). The appellee shall file a supplemental brief within 21
days of being served with the appellant’s brief. The appellee shall also electronically file
an appendix, or in the alternative, stipulate to the use of the appendix filed by the
appellant. A reply, if any, must be filed by the appellant within 14 days of being served
with the appellee’s brief. The parties should not submit mere restatements of their
application papers.
The Family Law Section of the State Bar of Michigan and the Michigan Chapter
of the American Academy of Matrimonial Lawyers are invited to file briefs amicus
curiae. Other persons or groups interested in the determination of the issues presented in
this case may move the Court for permission to file briefs amicus curiae.
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.
June 20, 2018
a0613
Clerk