Dean v. Childs

Order Michigan Supreme Court
Lansing, Michigan

November 3, 2005 Clifford W. Taylor,
Chief Justice

126393 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
MARIE DEAN, Personal Representative Robert P. Young, Jr.
of the Estates of TALEIGHA MARIE Stephen J. Markman,
Justices
DEAN, Deceased, AARON JOHN DEAN,

Deceased, CRAIG LOGAN DEAN, Deceased,

and EUGENE SYLVESTER,

Plaintiff-Appellee,
v SC: 126393
COA: 244627
Oakland CC: 01-029844-NO
JEFFREY CHILDS,

Defendant-Appellant,

and
CHARTER TOWNSHIP OF ROYAL OAK,

Defendant.

_________________________________________/

On October 18, 2005, the Court heard oral argument on the application for leave to
appeal the May 13, 2004 judgment of the Court of Appeals. On order of the Court, the
application for leave to appeal is again considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, for the reasons stated by dissenting Court of Appeals
Judge Griffin, we REVERSE in part the Court of Appeals judgment and REMAND this
case to the Oakland Circuit Court for entry of an order granting defendant Childs’ motion
for summary disposition of plaintiff’s state law claims.

We do not retain jurisdiction.

CAVANAGH, J., dissents from this Court’s peremptory reversal order and would
grant leave to appeal.

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.
November 3, 2005 _________________________________________
s1031 Clerk