Order Michigan Supreme Court
Lansing, Michigan
June 13, 2014 Robert P. Young, Jr.,
Chief Justice
147727 & (60) Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
DANNY EPPS and JOYCE EPPS, Brian K. Zahra
Plaintiffs-Appellees/ Bridget M. McCormack
Cross-Appellants, David F. Viviano,
v SC: 147727 Justices
COA: 305731
Wayne CC: 09-018323-NO
4 QUARTERS RESTORATION, L.L.C.,
DENAGLEN CORP., d/b/a MBM CHECK
CASHING, EMERGENCY INSURANCE
SERVICES, and TROY WILLIS,
Defendants-Appellants/
Cross-Appellees,
and
AM ADJUSTING & APPRAISALS, L.L.C.,
MICHAEL N. ANDERSON, JR., HOME
OWNERS INSURANCE COMPANY, PAULA
MATHEWS, MAXIMUM RESTORATION,
L.L.C., AUTO OWNERS INSURANCE
COMPANY, CHARLES WILLIS, and
COMERICA BANK,
Defendants.
_________________________________________/
On order of the Court, the application for leave to appeal the June 6, 2013
judgment of the Court of Appeals and the application for leave to appeal as
cross-appellants are considered. We direct the Clerk to schedule oral argument on
whether to grant the application for leave to appeal or take other action.
MCR 7.302(H)(1). The parties shall submit supplemental briefs within 42 days of the
date of this order addressing whether the contracts and limited power of attorney at issue
are void or merely voidable, and whether the plaintiffs are required to establish actual
damages to recover on their breach of contract and fraud/misrepresentation claims. The
parties should not submit mere restatements of their application papers.
Persons or groups interested in the determination of the issues presented in this
case may move the Court for permission to file briefs amicus curiae.
The application for leave to appeal as cross-appellants remains pending.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
June 13, 2014
p0610
Clerk