Angelena Joy McConchie v. Joshua David Voight

Michigan Court of Appeals

Angelena Joy McConchie v. Joshua David Voight

DecidedSeptember 15, 2015

Docket326651

StatusPublished

This text of Angelena Joy McConchie v. Joshua David Voight (Angelena Joy McConchie v. Joshua David Voight) 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.

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Angelena Joy McConchie v. Joshua David Voight, (Mich. Ct. App. 2015).

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Opinion

STATE OF MICHIGAN

COURT OF APPEALS

ANGELENA JOY MCCONCHIE, FOR PUBLICATION September 15, 2015 Plaintiff-Appellant,

v No. 326651 Livingston Circuit Court Family Division JOSHUA DAVID VOIGHT, LC No. 10-044132-DZ

Defendant-Appellee.

Before: SAWYER, P.J., and M. J. KELLY and SHAPIRO, JJ.

SAWYER, P.J. (dissenting).

I respectfully dissent.

While I do not necessarily disagree with the reasoning of the majority and its conclusion that this matter was mishandled by the referee, I do disagree that the best remedy is to reverse the lower court and have it start over. I reach this conclusion in light of the trial court’s indication that the referee’s recommendation would only constitute a temporary order pending a full resolution of the matter and an entry of a final order. At this stage, I believe that the better and more expeditious resolution of this case would be merely to remand the matter to the trial court with directions that the trial court itself shall conduct the evidentiary hearing necessary to reach a final disposition of this matter and to promptly enter an order reaching a final resolution of this matter. Thereafter, any party dissatisfied with the trial court’s resolution of the matter could pursue an appeal.

/s/ David H. Sawyer

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STATE OF MICHIGAN

COURT OF APPEALS

ANGELENA JOY MCCONCHIE, FOR PUBLICATION September 15, 2015 Plaintiff-Appellant,

v No. 326651 Livingston Circuit Court Family Division JOSHUA DAVID VOIGHT, LC No. 10-044132-DZ

Defendant-Appellee.

Before: SAWYER, P.J., and M. J. KELLY and SHAPIRO, JJ.

SAWYER, P.J. (dissenting).

I respectfully dissent.

While I do not necessarily disagree with the reasoning of the majority and its conclusion that this matter was mishandled by the referee, I do disagree that the best remedy is to reverse the lower court and have it start over. I reach this conclusion in light of the trial court’s indication that the referee’s recommendation would only constitute a temporary order pending a full resolution of the matter and an entry of a final order. At this stage, I believe that the better and more expeditious resolution of this case would be merely to remand the matter to the trial court with directions that the trial court itself shall conduct the evidentiary hearing necessary to reach a final disposition of this matter and to promptly enter an order reaching a final resolution of this matter. Thereafter, any party dissatisfied with the trial court’s resolution of the matter could pursue an appeal.

/s/ David H. Sawyer

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Bluebook (online)

Angelena Joy McConchie v. Joshua David Voight, Counsel Stack Legal Research, https://law.counselstack.com/opinion/angelena-joy-mcconchie-v-joshua-david-voight-michctapp-2015.