Order Michigan Supreme Court
Lansing, Michigan
September 14, 2010 Marilyn Kelly,
Chief Justice
Michael F. Cavanagh
Maura D. Corrigan
Robert P. Young, Jr.
Rehearing Nos. 570 & 572 Stephen J. Markman
Diane M. Hathaway
Alton Thomas Davis,
5 March 2010 Justices
138456-8
DERITH SMITH,
Plaintiff-Appellant,
SC: 138456-8
v COA: 275297, 275316, 275463
Leelanau CC: 05-006952-CZ
ANONYMOUS JOINT ENTERPRISE, GEORGE
PRESTON, MARY BARROWS, VILLAGE OF SUTTONS
BAY, and CHARLES STEWART,
Defendants,
and
DONALD BARROWS, JOHN STANEK, and NOEL FLOHE,
Defendants-Appellees.
_____________________________________
In this case motions for rehearing are considered and they are DENIED, there being no
majority in favor of granting rehearing or other relief. KELLY, C.J. and CAVANAGH and
HATHAWAY, JJ., would deny rehearing. CORRIGAN, YOUNG and MARKMAN, JJ., would grant
rehearing.
CORRIGAN, J. (dissenting). I would grant defendants’ motions for rehearing, and on
rehearing, I would vacate this Court’s July 30, 2010 decision and affirm the Court of Appeals
for the reasons set forth in my partial dissent in Smith v Anonymous Joint Enterprise,
___Mich___(2010).
YOUNG and MARKMAN, JJ., join the statement of CORRIGAN, J.
DAVIS, J., not participating. I recuse myself and am not participating because I had prior
personal knowledge of the facts in this case. See MCR 2.003(B).
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.
September 14, 2010 _________________________________________
Clerk