Order Michigan Supreme Court
Lansing, Michigan
November 21, 2008 Clifford W. Taylor,
Chief Justice
136509 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
LAWRENCE TERLECKI and MARGARET Robert P. Young, Jr.
TERLECKI, Stephen J. Markman,
Justices
Plaintiffs-Appellants,
v SC: 136509
COA: 272541
Cheboygan CC: 05-007498-NZ
SILVER LAKE PROPERTY ASSOCIATION
OF INDIAN RIVER, MARK W. STEPHENS,
ROBERT NIKOLAS, and MARY DOE,
Defendants-Appellees,
and
RANDY STEWART and GREAT LAKES
MARINE CONSTRUCTION, INC.,
Defendants.
_________________________________________/
On order of the Court, the application for leave to appeal the April 22, 2008
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.
CAVANAGH, J., would grant leave to appeal.
WEAVER, J. (dissenting).
I dissent from the order by the majority of four (Chief Justice Taylor and Justices
Corrigan, Young, and Markman) to deny leave to appeal in this case. I voted to grant the
application for leave to appeal because I dissented from the decision of the majority of
four in Trentadue v Buckler Automatic Lawn Sprinkler Co, 479 Mich 378, 407-408
(2007) (Weaver, J., dissenting) to eliminate the common-law practice of tolling accrual
based on discovery.
2
Under Johnson v Caldwell, 371 Mich 368, 379 (1963), a statute of limitations does
“not start to run until the date of discovery, or the date, when by the exercise of
reasonable care, plaintiff should have discovered the wrongful act.” (emphasis added).
Because I believe that the majority of four erred in overruling Johnson v Caldwell, I
would grant leave to appeal in this case to consider the correctness of the decision in
Trentadue.
KELLY, J., joins the statement of WEAVER, J.
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.
November 21, 2008 _________________________________________
s1118 Clerk