Order Michigan Supreme Court
Lansing, Michigan
December 23, 2008 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
Elizabeth A. Weaver
133430(111) Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
TACCO FALCON POINT, INC., Stephen J. Markman,
Plaintiff/ Justices
Counter-Defendant-Appellee,
v SC: 133430
COA: 271525
Oakland CC: 2002-042917-CZ
DAVID M. CLAPPER,
Defendant/Counter-Plaintiff/
Third-Party Plaintiff-Appellant/
Cross-Appellee,
v
ART MIDWEST, INC.,
Intervening Third-Party
Defendant-Appellee,
and
AMERICAN REALTY INVESTORS, INC., and
AMERICAN REALTY TRUST, INC.,
Third-Party Defendants-Appellees/
Cross-Appellants,
and
ART MIDWEST, L.P.,
Third-Party Defendant.
_________________________________________/
On order of the Court, the motion for reconsideration of this Court’s June 4, 2008
order is considered, and it is DENIED, because it does not appear that the order was
entered erroneously.
CAVANAGH and MARKMAN, JJ., would grant reconsideration and, on
reconsideration, would remand this case to the trial court for the reasons stated in the
Court of Appeals dissenting opinion.
KELLY, J., would grant reconsideration.
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.
December 23, 2008 _________________________________________
d1215 Clerk