Summary
reversing and agreeing with the Court of Appeals dissent
Summary of this case from Papazian v. Goldberg (In re Mardigian Estate)Opinion
No. 107532.
Summary Disposition September 16, 1997.
In lieu of granting leave to appeal, the judgment of the Court of Appeals is reversed, and the case is remanded to the Oakland Circuit Court for further proceedings. MCR 7.302(F)(1). There is insufficient information of record to support the trial court's grant of a summary disposition for either party. The Supreme Court agrees with the Court of Appeals dissent's discussion of principles pertaining to former DR 2-107. However, as plaintiff may be able to establish on remand that the agreement complied with the requirements of the disciplinary rule, we do not address whether the contract is enforceable or not. On the present record, the grant of summary disposition was premature. Jurisdiction is not retained. Court of Appeals No. 170288.