7.4Appealing to the Michigan Court of Appeals
A brief discussion on filing an appeal with the Michigan Court of Appeals is contained in this section. For additional information or requirements, see MCR 7.200 et seq.
“A party aggrieved by an order that is entered by the court under [the Adoption Code], including an order entered after a rehearing, may appeal the order to the court of appeals as of right not later than 21 days after the order is entered by the court or not later than 21 days after a petition for a rehearing is denied.” MCL 710.65(1). Included as an aggrieved party under MCL 710.65(1) is an adoption petitioner when his or her petition to adopt is denied. In re Draime, 356 Mich 368, 371-372 (1959).
“In an appeal following the involuntary termination of parental rights, if the court finds that the respondent is financially unable to pay for the preparation of transcripts for appeal, the court must order transcripts prepared at public expense.” MCR 3.810.
“Unless otherwise provided by rule, statute, or court order, an execution may not issue and proceedings may not be taken to enforce an order or judgment until expiration of the time for taking an appeal of right.” MCR 7.209(E)(1).
Filing an appeal does not stay enforcement of a court order, unless the trial court or the Court of Appeals orders otherwise. MCL 710.65(2); MCR 7.209(A)(1). For purposes of adoption, an appeal does not stay execution unless:
•“The trial court grants a stay with or without bond, or with a reduced bond, as justice requires or as otherwise provided by statute[.]” MCR 7.209(E)(2)(b).
•The Court of Appeals issues a stay after good cause is shown and the terms are deemed appropriate. MCL 710.65(2).
An appeal of a court order entered under the Adoption Code must take precedence over all other matters in the Court of Appeals, unless the Supreme Court or a specific statutory provision gives another matter priority. MCL 710.65(3).
On appeal, questions of statutory interpretation and a trial court’s grant of summary disposition are reviewed de novo. In re AJR, 496 Mich 346, 352 (2014); In re Talh, 302 Mich App 594, 597 (2013).
The Court of Appeals reviews a trial court’s factual findings for clear error. In re Hill, 221 Mich App 683, 691-692 (1997). “A finding is clearly erroneous if, although there is evidence to support it, the reviewing court is left with a definite and firm conviction that a mistake was made.” Id.
The Court of Appeals reviews a trial court’s order denying revocation of a release or a consent to adopt for an abuse of discretion. In re Nord, 149 Mich App 817, 821 (1986). A trial court’s decision to grant or deny a petition for adoption is also reviewed for an abuse of discretion. In re TMK 242 Mich App 302, 304 (2000).