Order Michigan Supreme Court
Lansing, Michigan
May 29, 2008 Clifford W. Taylor,
Chief Justice
134696 & (64) Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
RICHARD M. GOODMAN and GOODMAN, Robert P. Young, Jr.
LISTER & PETERS, P.C., Stephen J. Markman,
Justices
Plaintiffs-Appellants,
v SC: 134696
COA: 273680
Livingston CC: 05-021362-CZ
MARJORIE J. DAHRINGER, as Personal
Representative of the Estate of Douglas Koster,
Defendant-Appellee.
_________________________________________/
By order of March 21, 2008, the Court of Appeals was directed to “provide an
explanation . . . of why it has jurisdiction over this case, given its procedural history.”
The Court of Appeals “advises that upon an opportunity to reconsider the July 2007
motion for reinstatement this Court would deny the July 11, 2007, motion for
reinstatement for failure to establish ‘mistake, inadvertence, or excusable neglect’ under
MCR 7.217(D).” On order of the Court, the explanation having been received, the
application for leave to appeal is again considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we REVERSE the order of the Court of Appeals
reinstating the defendant’s appeal, and we REMAND this case to the Court of Appeals
for entry of an order dismissing the defendant’s appeal.
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.
May 29, 2008 _________________________________________
t0521 Clerk