eBook details
- Title: William Peter and Kathy Peter v. Stanley
- Author : Supreme Court of Michigan
- Release Date : January 26, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Order On order of the Court, the motion to supplement the application is considered, and it is GRANTED. The application for leave to appeal is also considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE the Court of Appeals judgment of July 31, 1992, and REMAND the case for reconsideration in light of Wojciechowski v Central Transport, Inc, 187 Mich App 116 (1991); Tucker v Clare Bros, Ltd, R A Townsend Co and Citizens Ins Co, Mich App (Docket No. 135054, released November 2, 1992), and Eddington Estate v. Eppert Oil, 441 Mich 200 (1992). We interpret the Court of Appeals decision as expressing that Court's view that the County's claim of appeal was only from the Wayne Circuit Court's September 28, 1989 entry of consent judgment. However, Wayne County's October 25, 1989 filing ""claims an appeal from the Order denying its motion to set aside Judgment/Settlement in the above matter and/or to be allowed to intervene [an oral motion] in the action dated October 23, 1989"". The Court of Appeals may, in its discretion, remand the case to the Wayne Circuit Court for further proceedings, should it deem that appropriate, in light of Wojciechowski, Tucker, and Eddington Estate, (supra) . We do not retain jurisdiction.