Order Michigan Supreme Court
Lansing, Michigan
April 25, 2011 Robert P. Young, Jr.,
Chief Justice
142435 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
DOUGLAS LATHAM, Brian K. Zahra,
Plaintiff-Appellee, Justices
v SC: 142435
COA: 290268
Oakland CC: 2004-059653-NO
BARTON MALOW COMPANY,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the December 7, 2010
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the questions presented should be reviewed by this Court prior to the
completion of the proceedings ordered by the Court of Appeals. We note that the Court
of Appeals decision places no limits on the trial court’s discretion to allow the parties to
conduct further discovery and/or file renewed motions for summary disposition, if
appropriate.
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 25, 2011 _________________________________________
t0418 Clerk