Order Michigan Supreme Court
Lansing, Michigan
June 2, 2006 Clifford W. Taylor,
Chief Justice
130585 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 application for leave to appeal the December 1, 2005
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other peremptory action. MCR
7.302(G)(1). The parties shall include among the issues to be addressed at oral argument:
(1) whether any of the Michigan authority defendants asserted below supported their
position that they were entitled to the disputed 40-acre parcel of farmland; (2) whether
the non-Michigan authority on which defendants relied in their counter-complaint
presented a good-faith argument for the extension, modification, or reversal of existing
law, MCR 2.114(D); (3) whether the circuit court correctly ruled that "Defendants have
not presented . . . any documentary evidence that supports their position"; and (4)
whether sanctions were properly awarded against defendants pursuant to MCR 2.114(E).
The parties may file supplemental briefs within 42 days of the date of this order, but they
should avoid submitting a mere restatement of the arguments made in their application
papers.
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 2, 2006 _________________________________________
s0530 Clerk