Order Michigan Supreme Court
Lansing, Michigan
June 7, 2006 Clifford W. Taylor,
Chief Justice
128601 Michael F. Cavanagh
& (74) Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
MICHAEL DOUGLAS SMITH, JR., as Stephen J. Markman,
Justices
Personal Representative of the Estate of
Shannon Louise Randolph, Deceased,
Plaintiff-Appellee,
v SC: 128601
COA: 251066
Wayne CC: 02-235928-NO
THOMAS RANDOLPH, JR.,
Defendant-Appellant.
_________________________________________/
By order of July 8, 2005, this Court granted immediate consideration and stayed
the trial court's June 22, 2005 order and all trial court proceedings. On order of the
Court, the application for leave to appeal the March 24, 2005 judgment of the Court of
Appeals is considered, and it is DENIED, because we are not persuaded that the
questions presented should be reviewed by this Court. Pursuant to MCR 7.302(G)(1), we
VACATE the Wayne Circuit Court's April 14, 2005 default and default judgment and
June 3, 2005 order denying defendant's motion to set aside the default. Under MCR
7.302(C)(5)(a), an appeal to this Court from a judgment of the Court of Appeals
remanding for further proceedings stays proceedings on remand, unless the Court of
Appeals or this Court orders otherwise. Accordingly, the trial court had no authority to
conduct a settlement conference or otherwise prepare for trial, and its actions were
directly contrary to the Court of Appeals holding that defendant is entitled to a jury trial
on the issue of damages. The July 8, 2005 stay of trial court proceedings is
DISSOLVED. We REMAND this case to the Wayne Circuit Court for trial on the issue
of damages.
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.
June 7, 2006 _________________________________________
l0531 Clerk