Order Michigan Supreme Court
Lansing, Michigan
October 26, 2009 Marilyn Kelly,
Chief Justice
138602 & (15) Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
CATHERINE WILCOX, individually, and as Diane M. Hathaway,
Next Friend of ISAAC WILCOX, a minor, Justices
Plaintiffs-Appellants,
and
SUNRISE HOME HEALTH SERVICES, INC.,
Intervening Plaintiff,
v SC: 138602
COA: 290515
Kent CC: 08-010129-NF
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,
Defendant-Appellee.
_________________________________________/
On order of the Court, the motion for leave to file brief amicus curiae is
GRANTED. Because the Court of Appeals has issued its July 1, 2009 order in this case,
the application for leave to appeal prior to decision by the Court of Appeals is treated as
an application for leave to appeal from that decision. The application is considered and,
it appearing to this Court that the case of Hoover v Michigan Mutual Ins Co (Docket No.
138018) is pending on appeal before this Court and that the decision in that case may
resolve an issue raised in the present application for leave to appeal, we ORDER that the
application be held in ABEYANCE pending the decision in that case. The July 1, 2009
order issued by the Court of Appeals is STAYED pending the completion of this appeal.
YOUNG, J., (dissenting.)
I would deny leave to appeal, for the reasons set forth in my dissenting statement
in Hoover v Michigan Mutual Ins Co, ___ Mich ___ (2009) (SC 138018, lv gtd order
entered September 25, 2009).
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.
October 26, 2009 _________________________________________
p1019 Clerk