In Re Baby Girl Fletcher

Michigan Court of Appeals

In Re Baby Girl Fletcher

256 N.W.2d 444, 76 Mich. App. 219, 1977 Mich. App. LEXIS 906

Michigan Court of Appeals·Decided June 8, 1977·No. Docket 31038·Published·Cited by 10 cases

Opinions

R. M. Maher, J.

Judge Kelly’s dissent adequately treats the issue that is properly before this Court. The probate court lacked jurisdiction to revoke the release under MCLA 710.29(9); MSA 27.3178(555.29X9), and did not abuse the discretion [221] granted it under MCLA 710.64(1); MSA 27.3178(555.64)(1).

It is inappropriate to remand this matter to investigate the "critical issue” of whether this infant’s mother was told, prior to executing the release, that she had 20 days to change her mind. Had this issue been raised before the probate court, a swift resolution would have followed. Instead, the allegation that the mother was under a misapprehension of the consequences of her release did not surface until oral arguments before this Court. The legislative determination that finality in these matters is beneficial to the well-being of the children involved coincides with the judicial policy of not considering matters first raised on appeal.

Affirmed.

J. H. Gillis, J., concurred.

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R. M. Maher, J.

Judge Kelly’s dissent adequately treats the issue that is properly before this Court. The probate court lacked jurisdiction to revoke the release under MCLA 710.29(9); MSA 27.3178(555.29X9), and did not abuse the discretion [221] granted it under MCLA 710.64(1); MSA 27.3178(555.64)(1).

It is inappropriate to remand this matter to investigate the "critical issue” of whether this infant’s mother was told, prior to executing the release, that she had 20 days to change her mind. Had this issue been raised before the probate court, a swift resolution would have followed. Instead, the allegation that the mother was under a misapprehension of the consequences of her release did not surface until oral arguments before this Court. The legislative determination that finality in these matters is beneficial to the well-being of the children involved coincides with the judicial policy of not considering matters first raised on appeal.

Affirmed.

J. H. Gillis, J., concurred.

In Re Baby Girl Fletcher, 256 N.W.2d 444, 76 Mich. App. 219, 1977 Mich. App. LEXIS 906 (Mich. Ct. App. 1977).

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Opinions

R. M. Maher, J.

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