SANDRA ZELKOWSKI V MARY MAGDELINE STARK

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STATE OF MICHIGAN COURT OF APPEALS SANDRA ZELKOWSKI, as Next Friend for JACOB STARK, a Minor, UNPUBLISHED January 12, 2010 Petitioner-Appellee, v No. 287018 Oakland Circuit Court LC No. 2008-748037-PP MARY MAGDELINE STARK, Respondent-Appellant. Before: Meter, P.J., and Borrello and Shapiro, JJ SHAPIRO, J. (concurring). I concur with the majority’s conclusion that this appeal is moot as the PPO obtained by plaintiff’s next friend, Sandra Zelkowski, has expired and an extension has not been sought. I write separately, however, to note that were the issue not moot, reversal would be required given the trial court’s unwillingness to hear testimony or receive documents relevant to defendant’s response to the allegations in the PPO petition. This is particularly so as the record before us strongly supports the conclusion that Zelkowski intentionally misled the Oakland County Circuit Court as to the existence of previous litigation between the parties and previous court orders related to that litigation, that she filed the PPO petition in Oakland County rather than Macomb County in order to avoid having the matter heard by a judge with an understanding of the lengthy and ongoing custody dispute and that the PPO was sought not due to a real danger of harm to the parties’ child, but to gain a tactical advantage in the ongoing custody battle. /s/ Douglas B. Shapiro -1-

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