Opinion
359798
03-20-2023
Demaria Building Company Inc v. Master Mechanical Insulation Inc
LC No. 2020-179257-CB
Kathleen Jansen Presiding Judge, Deborah A. Servitto, Michael F. Gadola Judges
ORDER
On December 22, 2022, this Court issued an opinion and order holding the indemnity issue between plaintiff general contractor and defendant sub-subcontractor in abeyance pending resolution of the REMAND in Micah Vincent v Demaria Building Company Inc, Docket No. 357989. On remand, the trial court granted plaintiff general contractor summary disposition and dismissed Micah Vincent's complaint in its entirety. Thus, the indemnity issue between plaintiff general contractor and defendant sub-subcontractor in Docket No. 359798 is rendered moot. See In re Tchakarova, 328 Mich.App. 172, 178; 936 N.W.2d 863 (2019) (an issue becomes moot if the Court's ruling has no practical legal effect on the existing controversy). Because there are no valid claims remaining against plaintiff general contractor by Vincent, there is nothing to indemnify. Therefore, the trial court order granting plaintiff general contractor summary disposition of its breach-of-contract claims for indemnification and to be named as an additional insured is VACATED. We do not retain jurisdiction.