SMITH v. RANDOLPH, 475 Mich. 879 (2006)

No. 128601.Supreme Court of Michigan.
June 7, 2006.

Leave to Appeal Denied.

By order of July 8, 2005, this Court granted immediate consideration and stayed the trial court’s June 22, 2005, order and all trial court proceedings. On order of the Court, the application for leave to appeal the March 24, 2005, judgment of the Court of Appeals is denied, because we are not persuaded that the questions presented should be reviewed by this Court. Pursuant to MCR 7.302(G)(1), we vacate the Wayne Circuit Court’s April 14, 2005, default and default judgment and June 3, 2005, order denying defendant’s motion to set aside the default. Under MCR 7.302(C)(5)(a), an appeal to this Court from a judgment of the Court of Appeals remanding for further proceedings stays proceedings on remand, unless the Court of Appeals or this Court orders otherwise. Accordingly, the trial court had no authority to conduct a settlement conference or otherwise prepare for trial, and its actions were directly contrary to the Court of Appeals holding that defendant is entitled to a jury trial on the issue of damages. The July 8, 2005, stay of trial court proceedings is dissolved. We remand this case to the Wayne Circuit Court for trial on the issue of damages. Court of Appeals No. 251066.