Adkins v. Adkins

Michigan Court of Appeals

Adkins v. Adkins

182 Mich. App. 514

CourtMichigan Court of Appeals

DecidedNovember 6, 1989

DocketDocket No. 112716

StatusPublished

This text of 182 Mich. App. 514 (Adkins v. Adkins) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adkins v. Adkins, 182 Mich. App. 514 (Mich. Ct. App. 1989).

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Opinion

ON REHEARING

Before: Mackenzie, P.J., and Marilyn Kelly and T. M. Burns,* JJ.

Mackenzie, P.J.

This case was submitted to this panel previously on the sole issue of whether the trial court erred in ordering the defendant father [515]*515to pay child support beyond the child’s eighteenth birthday. Our majority opinion, decided November 6, 1989, Adkins v Adkins, 181 Mich App 81; 448 NW2d 741 (1989), affirmed the trial court’s award of post-majority support. Judge T. M. Burns dissented from that opinion.

Defendant’s timely motion for rehearing based upon the Michigan Supreme Court’s release on November 8, 1989, of Smith v Smith, 433 Mich 606; 447 NW2d 715 (1989), was granted.

In view of the holding of Smith v Smith, we are constrained on rehearing to vacate the trial court’s award of postmajority child support dated August 30, 1988, and remand for proceedings consistent with Smith, supra.

Remanded. We retain no further jurisdiction.

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ON REHEARING

Before: Mackenzie, P.J., and Marilyn Kelly and T. M. Burns,* JJ.

Mackenzie, P.J.

This case was submitted to this panel previously on the sole issue of whether the trial court erred in ordering the defendant father [515]*515to pay child support beyond the child’s eighteenth birthday. Our majority opinion, decided November 6, 1989, Adkins v Adkins, 181 Mich App 81; 448 NW2d 741 (1989), affirmed the trial court’s award of post-majority support. Judge T. M. Burns dissented from that opinion.

Defendant’s timely motion for rehearing based upon the Michigan Supreme Court’s release on November 8, 1989, of Smith v Smith, 433 Mich 606; 447 NW2d 715 (1989), was granted.

In view of the holding of Smith v Smith, we are constrained on rehearing to vacate the trial court’s award of postmajority child support dated August 30, 1988, and remand for proceedings consistent with Smith, supra.

Remanded. We retain no further jurisdiction.

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Bluebook (online)

182 Mich. App. 514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adkins-v-adkins-michctapp-1989.

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