Order Michigan Supreme Court
Lansing, Michigan
September 28, 2007 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
132710(24) Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
SUSAN TKACHIK, Successor Personal Justices
Representative of the Estate of JANET
ELAINE MANDEVILLE, Deceased,
Plaintiff-Appellant,
v SC: 132710
COA: 270253
Macomb CC: 03-178658-CZ
FRANK MANDEVILLE, JR.,
Defendant-Appellee.
_________________________________________/
On order of the Court, the motion for reconsideration of this Court’s March 26,
2007 order is considered, and it is GRANTED. We VACATE our order dated March 26,
2007. On reconsideration, the application for leave to appeal the November 16, 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 REMAND this case to the Court of Appeals for
consideration, as on leave granted, of the legal question whether a contribution claim
against the defendant, based on an unjust enrichment theory, is appropriate under the
facts of the case. See, e.g., Crawford v Crawford, 443 A2d 599 (Md, 1982); Turner v
Turner, 809 A2d 18 (Md App, 2002); and Cagan v Cagan, 291 NYS2d 211 (NY Sup Ct,
1968).
We do not retain jurisdiction.
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 28, 2007 _________________________________________
d0925 Clerk