Spitzley v. Spitzley

Order Michigan Supreme Court Lansing, Michigan March 21, 2007 Clifford W. Taylor, Chief Justice 130585 (53) Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan MICHAEL FRANCIS SPITZLEY, Personal Robert P. Young, Jr. Representative of the ESTATE OF DAVID A. Stephen J. Markman, Justices SPITZLEY, Plaintiff-Appellee, v SC: 130585 COA: 255345 Clinton CC: 03-009578-CZ THOMAS P. SPITZLEY and KIMBERLY S. SPITZLEY, Defendants-Appellants. _________________________________________/ On order of the Court, the motion for reconsideration of this Court’s January 12, 2007 order is considered, and it is DENIED, because it does not appear that the order was entered erroneously. MARKMAN, J., dissents and states as follows: For the reasons set forth in my dissenting statement in Spitzley v Spitzley, 477 Mich ___ (2007), I would grant the motion for reconsideration, reverse the judgment of the Court of Appeals, and strike the sanctions against defendants. KELLY and CORRIGAN, JJ., join the statement of MARKMAN, 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. March 21, 2007 _________________________________________ t0314 Clerk