Order Michigan Supreme Court
Lansing, Michigan
November 19, 2014 Robert P. Young, Jr.,
Chief Justice
149167 & (20)(21) Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
WELLS FARGO BANK, N.A., David F. Viviano,
Plaintiff-Appellee, Justices
v SC: 149167
COA: 319894
Grand Traverse CC:
10-028149-CH
CHERRYLAND MALL LIMITED
PARTNERSHIP and DAVID SCHOSTAK,
Defendants-Appellants.
_________________________________________/
On order of the Court, the motion for immediate consideration is GRANTED.
The application for leave to appeal the March 18, 2014 order of the Court of Appeals is
considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we
REMAND this case to the Court of Appeals for consideration, as on leave granted, of
whether the trial court exceeded its authority when it granted plaintiff’s motion to pursue
alternative grounds for relief when the Court of Appeals originally remanded only to
determine “whether plaintiff is entitled to costs, expenses, and attorney fees with respect
to count IV.”
The motion for stay is GRANTED. Trial court proceedings are stayed pending the
completion of this appeal. 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.
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.
November 19, 2014
p1112
Clerk