Opinion
SC: 159405 COA: 342330
10-18-2019
MICHELE PISCHEA, M.A., LLP, C.A.A.D.C., Plaintiff/Counterdefendant-Appellant, v. ASSESSMENT AND RELATIONSHIP CENTER, LLC and B. Craig Smith, Ph.D., Defendants/Counterplaintiffs-Appellees, and B. Craig Smith and Associates, Ltd., Defendant/Counterplaintiff.
Order
On order of the Court, the application for leave to appeal the February 26, 2019 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE that part of the judgment of the Court of Appeals affirming the dismissal of the plaintiff’s claims against defendant Assessment and Relationship Center, LLC for breach of contract and unjust enrichment as a discovery sanction. We further VACATE the July 26, 2017 Ingham Circuit Court order providing the same, and we REMAND this case to that court for reconsideration of whether dismissal is an appropriate sanction under the governing legal standards, including consideration of the appropriateness of lesser sanctions and other factors. See Duray Dev. LLC v. Perrin , 288 Mich. App. 143, 164-166, 792 N.W.2d 749 (2010).
We do not retain jurisdiction.