In Re Koroly

I respectfully dissent.

I would hold that the probate court failed to properly exercise its discretion when, in ruling on petitioner’s request for a rehearing, it limited its inquiry to whether petitioner could establish "fraud and/or material facts not discoverable at the time of the original hearing”. I would reverse.

The record presents a petitioner who, at the age of 18, released any rights that he may have had to his putative daughter, Lynda Mae Koroly, born May 4, 1984. He did so pursuant to the Michigan Adoption Code, MCL 710.21 et seq.; MSA 27.3178(555.21) et seq., by filing with the…