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Speaker Law

Court of Appeals Vacates Published Opinion After Death of Mother

Posted on Wednesday, May 16, 2018

On September 15, 2015, the Court of Appeals released a published opinion in McConchie v Voight (Docket No. 326651) finding the actions of the Livingston Circuit Court and a Friend of the Court Referee in Livingston acted "grossly improper" in their decision-making and procedures in a custody case. However, the Livingston County judge who presided over the case, Judge Reader, filed a motion in the Court of Appeals to correct the opinion. Before the Court of Appeals ruled on Judge Reader's motion, the mother of the child tragically passed away. On October 21, 2015, the Court of Appeals issued an order that stated that some of the facts in its September 15, 2015 Opinion were in error. Instead of correcting the opinion, the Court of Appeals decided to entirely vacate the September 15, 2015 Opinion.  It then dismissed the case as moot. The Opinion is no longer available on the Court of Appeals' register of actions.


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