Order Michigan Supreme Court
Lansing, Michigan
May 4, 2012 Robert P. Young, Jr.,
Chief Justice
143374 & (39) Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
FISHER SAND AND GRAVEL COMPANY, Mary Beth Kelly
Plaintiff-Appellant, Brian K. Zahra,
Justices
v SC: 143374
COA: 297156
Midland CC: 09-005960-CK
NEAL A. SWEEBE, INC.,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the June 7, 2011
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed whether an action on an open account relating to
the sale of goods is subject to the four-year limitations period in § 2-725 of the Uniform
Commercial Code (MCL 440.2725), or the general six-year limitations period applicable
to contract actions, MCL 600.5807(8).
The Michigan Creditors Bar Association’s motion for leave to file brief amicus
curiae is GRANTED. Other 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.
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.
May 4, 2012 _________________________________________
t0501 Clerk