Order Michigan Supreme Court
Lansing, Michigan
April 12, 2013 Robert P. Young, Jr.,
Chief Justice
143627 (100) Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
DEBRA ILE, as Personal Representative of David F. Viviano,
the ESTATE OF DARRYL ILE, and DEBRA Justices
ILE, individually and on behalf of themselves
and all others similarly situated,
Plaintiffs-Appellees,
v SC: 143627
COA: 295685
FOREMOST INSURANCE COMPANY, Wayne CC: 09-010741-CK
Defendant-Appellant.
____________________________________/
On order of the Court, the motion for reconsideration is considered, and it is
DENIED. We reaffirm the principle stated more than 100 years ago in Peoples v Evening
News Ass’n, 51 Mich 11, 21 (1883), that “rehearing will not be ordered on the ground
merely that a change of members of the bench has either taken place, or is about to
occur.” The same is true for reconsideration. Likewise, we elect to apply MCR
2.119(F)(3) to these cases, which states, “[A] motion for rehearing or reconsideration
which merely presents the same issues ruled on by the court, either expressly or by
reasonable implication, will not be granted.” MCR 2.119(F)(3). Instead, the moving
party must demonstrate “a palpable error by which the court and the parties have been
misled and show that a different disposition of the motion must result from correction of
the error.” Id. In this case, the moving party has failed to satisfy either of these
requirements and has, therefore, failed to demonstrate grounds for reconsideration.
Further, the Court has published for comment proposed amendments of MCR
7.313(E) and MCR 7.313(F) to incorporate into the Court’s rules the standards set forth
in MCR 2.119(F)(3) with regard to motions for rehearing and reconsideration. The
publication order that contains the proposed rule changes is attached.
I, Corbin R. Davis, 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.
April 12, 2013 _________________________________________
t0409 Clerk
Estate of Darryl Ile v. Foremost Insurance Company
Combined Opinion