Cindy Schaaf v. Charlene Forbes

Opinion

Order Michigan Supreme Court Lansing, Michigan

October 30, 2020 Bridget M. McCormack, Chief Justice

160503 David F. Viviano, Chief Justice Pro Tem

Stephen J. Markman Brian K. Zahra CINDY SCHAAF, COLLEEN M. FRYER, and Richard H. Bernstein GWEN MASON, Elizabeth T. Clement Plaintiffs/ Megan K. Cavanagh, Justices Counterdefendants-Appellants, v SC: 160503 COA: 343630 Antrim CC: 2016-009008-CH CHARLENE FORBES, a/k/a ANGIE FORBES, Defendant/ Counterplaintiff-Appellee.

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On order of the Court, the application for leave to appeal the August 6, 2019 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the Court of Appeals judgment and we REMAND this case to the Court of Appeals to determine whether the circuit court was vested with subject matter jurisdiction of the case, see MCL 700.1302; MCL 700.1303. The Court of Appeals erred in reaching the merits before the threshold jurisdictional issue was resolved. See Bowie v Arder, 441 Mich 23, 56 (1992) (“When a court lacks subject matter jurisdiction to hear and determine a claim, any action it takes, other than to dismiss the action, is void.”). Once the determination of subject matter jurisdiction is made, the Court of Appeals shall reconsider (if necessary) the legal issue raised by the defendant on appeal.

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. October 30, 2020 t1027 Clerk