46TH CIRCUIT TRIAL COURT v. CRAWFORD COUNTY, 126088 (Mich. 2004)


680 N.W.2d 422

46TH CIRCUIT TRIAL COURT, Plaintiff, Counter-Defendant, Third-Party Defendant-Appellee, v. CRAWFORD COUNTY and CRAWFORD COUNTY BOARD OF COMMISSIONERS, Defendants, Counter-Plaintiffs, Third-Party Plaintiffs-Appellants, and KALKASKA COUNTY, Intervening Third-Party Plaintiff, Counter-Defendant-Appellant, and OTSEGO COUNTY, Third-Party Defendant.

No. 126088-90 (116) (117).Supreme Court of Michigan.
May 12, 2004.

SC: 126088-90, COA: 246823, 248593, 251390, Crawford CC: 02-005951-CZ.

On order of the Court, the motion for immediate consideration is GRANTED. The motion to determine trial court’s present jurisdiction is considered, and it is GRANTED. The circuit court may proceed with the hearing on remand as ordered by the Court of Appeals on April 1, 2004. The Court of Appeals opinion did not “dispose of” the appeal under MCR 7.215(E)(1), so the filing of an application for leave to appeal to this Court from that decision does not suspend the effectiveness of the Court of Appeals decision. MCR 7.215(F), (G).

The application for leave to appeal the April 1, 2004 decision of the Court of Appeals remains pending.