Opinion
SC 164693 COA 361174
09-29-2022
EDITH LOVE, as Guardian for DAVID LOVE, a legally incapacitated person, and CENTRIA HOME REHABILITATION, LLC, Plaintiffs-Appellants, v. FARM BUREAU MUTUAL INSURANCE COMPANY OF MICHIGAN, and FARM BUREAU GENERAL INSURANCE COMPANY OF MICHIGAN, Defendants-Appellees. and DIANA HOBERT-POWELL, as Guardian for WALTER POWELL, a legally incapacitated person,Plaintiff,
Wayne CC: 22-000615-NF
Bridget M. McCormack, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh Elizabeth M. Welch, Justices
ORDER
By order of August 24, 2022, the defendants were invited to answer the application for leave to appeal the July 22, 2022 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the Court of Appeals' order granting in part the defendants' motion to stay with regard to the temporary restraining order concerning benefits to be paid to or on behalf of David Love, and we REMAND this case to that court for reconsideration in light of Andary v USAA Cas Ins Co, __Mich App ___(Docket No. 356487). This order does not reflect any opinion on the correctness of that decision, which is currently pending before this Court. Rather, it is a reflection of the fact that Andary is binding precedent pending our disposition of the appeal, MCR 7.215(C)(2), so it may be relevant to the court's determination as to whether a partial stay pending appeal is warranted. The Court of Appeals shall expedite its reconsideration of the motion.