TOTH v. AUTOALLIANCE INTERNATIONAL, 115320 (Mich. 4-26-2000)

PATRICIA TOTH, Plaintiff-Appellee, v. AUTOALLIANCE INTERNATIONAL, INC., Defendant-Appellant.

No. 115320, 115321.Supreme Court of Michigan.
April 26, 2000.

On order of the Court, the application for leave to appeal from the August 3, 1999 decision of the Court of Appeals is considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE the August 3, 1999 decision of the Court of Appeals and REMAND the case to the Court of Appeals for consideration as on leave granted limited to the issue whether the magistrate correctly calculated plaintiff’s average weekly wage. In so doing, the Court of Appeals shall specifically consider which section of MCL 418.371; MSA 17.237(371) applies to the calculation of plaintiff’s average weekly wage. In its August 3, 1999 decision, the Court of Appeals erred in acting peremptorily on the basis of a purported “error of law” when it offered “no opinion” on the legal question before the court.

Cavanagh, J., dissents.

jdjungle

Share
Published by
jdjungle

Recent Posts

PEOPLE v. RAY, 43 Mich. App. 45 (1972)

204 N.W.2d 38 PEOPLE v. RAY Docket No. 12187.Michigan Court of Appeals. Decided September 27,…

9 years ago

DETROIT EDISON v. PSC, 221 Mich. App. 370 (1997)

562 N.W.2d 224 DETROIT EDISON COMPANY v PUBLIC SERVICE COMMISSION Docket Nos. 177054, 177055, 177062,…

9 years ago

PEOPLE v. BUTTS, 144 Mich. App. 637 (1985)

376 N.W.2d 176 PEOPLE v BUTTS Docket No. 80186.Michigan Court of Appeals. Decided August 5,…

9 years ago

PEOPLE v. ZUNIGA, 56 Mich. App. 231 (1974)

223 N.W.2d 652 PEOPLE v ZUNIGA Docket No. 17453.Michigan Court of Appeals. Decided October 21,…

9 years ago

PEOPLE v. SIDNEY SMITH, 106 Mich. App. 310 (1981)

308 N.W.2d 176 PEOPLE v SIDNEY SMITH Docket No. 50618.Michigan Court of Appeals. Decided March…

9 years ago

PEOPLE v. McELHANEY, 215 Mich. App. 269 (1996)

545 N.W.2d 18 PEOPLE v McELHANEY Docket No. 162330.Michigan Court of Appeals.Submitted November 15, 1995,…

9 years ago