656 N.W.2d 532
No. 121472 (75).Supreme Court of Michigan.
February 4, 2003.
COA: 225019, MPSC: 00-012035
On order of the Court, the delayed application for leave to appeal and the application for leave to appeal as cross-appellant from the January 23, 2002 order of the Court of Appeals are considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE that portion of the Court of Appeals’ order finding a direct violation of the Michigan Code of Professional Conduct, Rules 3.2 and 3.3, and an “unjustified lapse of professional responsibility.” On our review of the record we find no conduct of an attorney that justifies this holding. The attorneys did not fail to reasonably expedite this resolution under MCPC Rule 3.2, nor did they fail to inform the court of undisclosed controlling authority adverse to their respective clients under MCPC Rule 3.3. In all other respects, leave to appeal is DENIED.