Hope v. Weiss

162 N.W.2d 921, 12 Mich. App. 404, 1968 Mich. App. LEXIS 1202

Opinion

Per Curiam.

Plaintiff was evicted from leased premises under a writ of restitution * and brought this action against the landlords and the landlords’ attorneys on two theories: forcible entry and detainer and conspiracy to deprive him of his leasehold by wrongfully causing the writ of restitution to issue against him. Summary judgment was entered against plaintiff on the first issue only.

After due consideration of the entire record, it is determined that the order appealed is interlocutory, the trial court not having made an “express determination that there is no just reason for delay and upon an express direction for the entry of judgment.” GCR 1963, 518.2.

It is ordered that the appeal be, and the same is hereby, dismissed since this Court has not granted leave to appeal and lacks jurisdiction to proceed further in the matter. GCR 1963, 806.1. City of Dearborn v. Pulte-Strang, Inc. (1968), 12 Mich App 161.

Appeal dismissed. Costs to appellees.

Lesinski, C. J., and J. H. Gillis and Levin, JJ., concurred.

* Seo the companion ease of Hope v. Victor (1968), 12 Mich App 397, ante, in whieh the events leading to the eviction are more fully set forth.