Opinion
No. 135657.
July 29, 2008.
Court of Appeals No. 280312.
Summary Dispositions July 29, 2008.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we vacate the Genesee Circuit Court's orders of August 31, 2006, and June 15, 2007, and we remand this case to the Genesee Circuit Court for consideration of the merits of the defendant's motion for relief from judgment filed on December 27, 2005. Under the circumstances of this case, the motion filed by the defendant on September 2, 2005, did not constitute a motion for relief from judgment under MCR subchapter 6.500. Accordingly, the Genesee Circuit Court erred in treating the defendant's December 27, 2005, motion for relief from judgment as a successive motion under MCR 6.502(G). We do not retain jurisdiction.