Kenney v. ALTICOR, INCORPORATED

Order Michigan Supreme Court Lansing, Michigan October 3, 2008 Clifford W. Taylor, Chief Justice 135305 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. JULIE KENNEY, Stephen J. Markman, Plaintiff-Appellee, Justices v SC: 135305 COA: 278090 WCAC: 04-000409 ALTICOR, INCORPORATED, Defendant-Appellant. _________________________________________/ On order of the Court, the application for leave to appeal the October 23, 2007 order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on leave granted in light of Stokes v Chrysler LLC, 481 Mich 266 (2008). CAVANAGH, J., would deny leave to appeal. WEAVER, J. (dissenting). I dissent from the order remanding this case to the Court of Appeals as on leave granted for reconsideration in light of Stokes v Chrysler LLC, 481 Mich 266 (2008). Because I dissented from the majority opinion in Stokes, I would grant leave to appeal in this case to consider whether the Stokes majority reached the correct decision in Stokes. 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. October 3, 2008 _________________________________________ 0930 Clerk