BENZ v. WALKER, 112729 (Mich. 4-21-1999)

593 N.W.2d 547

BRUCE H. BENZ and STEPHANIE KING BENZ, Plaintiffs-Appellees/Cross-Appellants, v. R. RICHARD WALKER, KENNETH F. RAZNICK, CHRISTOPHER G. BROCHERT, CHRISTOPHER G. BROCHERT REVOCABLE LIVING TRUST U/A dated 10/21/86, WEATHERFORD/WALKER DEVELOPMENTS, INC., PITTSFIELD TOWN CENTRE LIMITED PARTNERSHIP, AND PAUL BOSCO SONS CONSTRUCTION, INC., a Michigan corporation, Defendants, and KENNETH F. RAZNICK REVOCABLE LIVING TRUST U/A dated 3/11/88, and RCK DEVELOPMENTS, Defendants-Appellants/Cross-Appellees.

No. 112729.Supreme Court of Michigan.
April 21, 1999.

On order of the Court, the application for leave to appeal from the March 20, 1998 decision of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. The delayed application for leave to appeal as cross-appellant is also considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for reconsideration of whether a living trust insulates a settlor from personal liability in light of MCL 556.128; MSA 25.155(118).

We retain jurisdiction.

Young, Jr., J., not participating.