Douglas Latham v. Barton Malow Company

Opinion

Order Michigan Supreme Court Lansing, Michigan

April 25, 2011 Robert P. Young, Jr., Chief Justice

142435 Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly DOUGLAS LATHAM, Brian K. Zahra, Plaintiff-Appellee, Justices

v SC: 142435 COA: 290268 Oakland CC: 2004-059653-NO BARTON MALOW COMPANY, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the December 7, 2010 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 prior to the completion of the proceedings ordered by the Court of Appeals. We note that the Court of Appeals decision places no limits on the trial court’s discretion to allow the parties to conduct further discovery and/or file renewed motions for summary disposition, if appropriate.

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. April 25, 2011 _________________________________________ t0418 Clerk