Gray Eagles, Inc. v. Lucchesi

Michigan Court of Appeals

Gray Eagles, Inc. v. Lucchesi

50 Mich. App. 82

CourtMichigan Court of Appeals

DecidedSeptember 27, 1973

DocketDocket No. 14938

StatusPublished

Cited by1 cases

This text of 50 Mich. App. 82 (Gray Eagles, Inc. v. Lucchesi) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gray Eagles, Inc. v. Lucchesi, 50 Mich. App. 82 (Mich. Ct. App. 1973).

Pincite

Opinion

Per Curiam.

This case has been previously ap[83]*83pealed to this Court, The Gray Eagles, Inc v Lucchesi, 37 Mich App 322; 194 NW2d 373 (1971). The case was ordered, "Reversed and remanded for trial as to plaintiffs bailment theory of strict liability”.¹ On retrial, the trial court ordered the trial limited to plaintiffs bailment theory of strict liability. Plaintiff took this interlocutory appeal contending the reversal and remand was for a complete new trial, including plaintiffs negligence theory.

This is a recurring problem. It should be laid to rest. When an appellate court specifies the limits of a new trial as it did in this case, the trial court is proscribed from exceeding those specified limits.

The trial judge was correct. We affirm. Costs to the defendant.

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Per Curiam.

This case has been previously ap[83]*83pealed to this Court, The Gray Eagles, Inc v Lucchesi, 37 Mich App 322; 194 NW2d 373 (1971). The case was ordered, "Reversed and remanded for trial as to plaintiffs bailment theory of strict liability”.¹ On retrial, the trial court ordered the trial limited to plaintiffs bailment theory of strict liability. Plaintiff took this interlocutory appeal contending the reversal and remand was for a complete new trial, including plaintiffs negligence theory.

This is a recurring problem. It should be laid to rest. When an appellate court specifies the limits of a new trial as it did in this case, the trial court is proscribed from exceeding those specified limits.

The trial judge was correct. We affirm. Costs to the defendant.

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Bluebook (online)

50 Mich. App. 82, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-eagles-inc-v-lucchesi-michctapp-1973.

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