705 N.W.2d 110
No 128374.Supreme Court of Michigan.
October 27, 2005.
Orders Granting Oral Argument in Cases Pending on Application for Leave to Appeal.
SC: 128374, COA: 260426.
Pursuant to MCR 7.302(G)(1), we direct the Clerk to schedule oral argument on whether to grant the application or
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take other peremptory action permitted by MCR 7.302(G)(1). The parties are directed to file supplemental briefs, within 28 days of the date of this order, which shall address whether the allegation in plaintiff’s October 16, 2002, Complaint for Paternity that “the Defendant was not married at the time of conception [of the minor child], nor at the time of the birth of the minor child,” constitutes fraud on the court within the meaning of MCR 2.612(C)(2), and whether this issue was abandoned by defendant on appeal to the Court of Appeals. The parties should avoid submitting mere restatements of the arguments made in their application papers. We invite the Family Law Section of the State Bar of Michigan to file an amicus curiae brief on this issue.
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