Opinion
No. 104166.
August 9, 1996.
Summary Dispositions August 9, 1996:
In lieu of granting leave to appeal, the judgment of the Court of Appeals entered on rehearing on June 13, 1995, is reversed, and the judgment entered by the circuit court is reinstated. MCR 7.302(F)(1). The defendant's initial motion to set aside the default and affidavit in support admitted that its president had knowledge of the action before the time when an answer was required. Further, failure to raise the issue of sufficiency of service of process in the initial request to set aside the default judgment waived the issue. Cf. MCR 2.116(D)(1).
Court of Appeals No. 167203.
We would grant leave to appeal, and dissent from the peremptory reversal of the Court of Appeals.