IN RE TERRI LYNN & KAITLYN HAUPT MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
__________________________________________
In the Matter of TERRI LYNN HAUPT and
KAITLYN HAUPT, Minors.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
September 26, 1997
Petitioner-Appellee,
v
No. 196406
Genesee Probate Court
LC No. 95-101030-NA
MICHAEL C. HAUPT,
Respondent-Appellant,
and
SHELLY WARD,
Respondent.
Before: O’Connell, P.J., and White and C. F. Youngblood*, JJ.
MEMORANDUM.
Respondent-appellant appeals by leave granted from the probate court order making his minor
children temporary wards of the court. We reverse and remand.
The probate court erred by refusing to allow respondent-appellant a trial by jury on the basis
that respondent had waived the right. A jury demand was properly filed by respondent-appellant and
was not withdrawn expressly in writing or on the record. MCR 2.508(D)(3); MCR 5.501; MCR
5.508. Contrary to the conclusion of the trial court, one may not “impliedly” waive one’s right to a trial
by jury. For that reason, we reverse the probate court order and remand for further proceedings with
respect to the petition to make the children temporary wards of the court.
* Circuit judge, sitting on the Court of Appeals by assignment.
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Next, in the event that the controversy arises on remand, we hold that the trial testimony of two
witnesses concerning statements made to them by one of the children regarding alleged sexual abuse by
respondent-appellant was properly admitted into evidence pursuant to MCR 5.972(C)(2).
Reversed and remanded for further proceedings on the petition. We do not retain jurisdiction.
/s/ Peter D. O’Connell
/s/ Helene N. White
/s/ Carole F. Youngblood
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