Categories: Michigan Supreme Court Opinions

MERRIAM v. SCHUPAN SONS, INC., 470 Mich. 863 (2004)

680 N.W.2d 421

JUDITH MERRIAM, as Personal Representative of the Estate of DONALD MERRIAM, Deceased, Plaintiff-Appellee, v. SCHUPAN SONS, INC, Defendant-Appellant.

No. 126039 (13) (14).Supreme Court of Michigan.
May 7, 2004.

SC: 126039, COA: 252199, Kalamazoo CC: 03-000097-NO.

On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal the April 9, 2004 order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on leave granted.

The motion for stay of trial is also considered, and it is GRANTED. On motion of a party or on its own motion, the Court of Appeals may modify, set aside, or place conditions on the stay if it appears that the appeal is not being vigorously prosecuted or if other appropriate grounds appear.

We do not retain jurisdiction.

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