Marvin Marshall v. Boyne Usa Inc

Opinion

Order Michigan Supreme Court Lansing, Michigan

December 5, 2012 Robert P. Young, Jr., Chief Justice

145339 & (36) Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly Brian K. Zahra, MARVIN MARSHALL and Justices CHRISTINE MARSHALL, Plaintiffs-Appellants/ Cross-Appellees, v SC: 145339 COA: 301725 Charlevoix CC: 10-091822-NF BOYNE USA, INC., Defendant-Appellee/ Cross-Appellant.

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On order of the Court, the application for leave to appeal the May 15, 2012 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. The application for leave to appeal as cross-appellant is therefore moot and is DENIED.

CAVANAGH, MARILYN KELLY, and HATHAWAY, JJ., would reverse the judgment of the Court of Appeals and reinstate the trial court’s order denying defendant’s motion for summary disposition.

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. December 5, 2012 _________________________________________ h1128 Clerk