Order Michigan Supreme Court
Lansing, Michigan
May 22, 2019 Bridget M. McCormack,
Chief Justice
156648 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellant, Elizabeth T. Clement
Megan K. Cavanagh,
Justices
v SC: 156648
COA: 336050
Wayne CC: 04-004270-FC
GREGORY CARL WASHINGTON,
Defendant-Appellee.
_________________________________________/
On October 10, 2018, the Court heard oral argument on the application for leave to
appeal the September 12, 2017 judgment of the Court of Appeals. On order of the Court,
the application is again considered. MCR 7.305(H)(1). In lieu of granting leave to
appeal, we VACATE the judgment of the Court of Appeals and we REMAND this case
to that court for reconsideration in light of Luscombe v Shedd’s Food Products Corp, 212
Mich App 537 (1995).
CLEMENT, J. (dissenting).
I respectfully dissent from this Court’s order vacating the judgment of the Court of
Appeals and remanding for reconsideration in light of Luscombe v Shedd’s Food Prod
Corp, 212 Mich App 537 (1995), because I do not believe that consideration of Luscombe
is necessary to decide the issues on appeal.
CAVANAGH, J., did not participate in the disposition of this case because the Court
considered it before she assumed office.
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.
May 22, 2019
t0515
Clerk