Order Michigan Supreme Court
Lansing, Michigan
September 15, 2006 Clifford W. Taylor,
Chief Justice
131109 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
BERNARD WATTS and TINA MOORE, Robert P. Young, Jr.
as Co-Personal Representatives of the Stephen J. Markman,
Justices
Estate of Kinte Jamar Watts, Deceased,
Plaintiffs-Appellees,
v SC: 131109
COA: 267503
Cheboygan CC: 03-007255-NO
ANDRE NEVILS, PATRICIA EWING,
and MRS. BROWN,
Defendants-Appellants,
and
NORTHERN STRAITS MANAGEMENT
CO, L.L.C., d/b/a QUALITY INN & SUITES,
MIDWEST INNKEEPERS, CITY OF
PONTIAC, CITY OF PONTIAC SCHOOL
DISTRICT, DEBRA HARRIS, SUSAN
DECHOW, JOYCE EWING, and MARTIN
MAYERHOFER,
Defendants.
_________________________________________/
On order of the Court, the application for leave to appeal the January 18, 2006
order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of
granting leave to appeal, we REVERSE the judgment of the Court of Appeals and
REMAND this case to that court for plenary consideration. Defendants had a right to an
appeal under MCR 7.202(6)(a)(v) and 7.203(A)(1) because the circuit court order denied
governmental immunity to these defendants. Whether there were factual issues
remaining was irrelevant. See Walsh v Taylor, 263 Mich App 618, 625 (2004). We
overrule Newton v Michigan State Police, 263 Mich App 251 (2004), to the extent that it
is inconsistent with this order and Walsh.
KELLY, J., would grant leave to 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.
September 15, 2006 _________________________________________
l0912 Clerk