Order Michigan Supreme Court
Lansing, Michigan
July 20, 2007 Clifford W. Taylor,
Chief Justice
133462 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
________________________________________ Stephen J. Markman,
Justices
IN RE EGBERT R. SMITH TRUST.
________________________________________
GLEN PHILLIPS and DALE PHILLIPS,
Petitioners-Appellees,
v SC: 133462
COA: 269549
Sanilac PC: 81-021856-TT
BETTY HOMER, Successor Trustee,
Respondent-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the February 15, 2007
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed whether a right of first refusal is revocable once
the holder of the right receives notice of a third party’s offer and whether the petitioners
are entitled to summary disposition and specific performance of the right of first refusal,
as the Court of Appeals held.
The Real Property Section of the State Bar of Michigan is invited to file a brief
amicus curiae. Other persons or groups interested in the determination of the issues
presented in this case may move the Court for permission to file briefs amicus curiae.
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.
July 20, 2007 _________________________________________
s0717 Clerk