Opinion
SC: 156651 COA: 333160
04-26-2018
Donna WALKER, William Walker, and Head To Toes Massage Therapy of Oxford, Inc., Plaintiffs-Appellees, v. Otis M. UNDERWOOD, Jr., Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the September 7, 2017 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.305(H)(1).
The appellant shall file a supplemental brief within 42 days of the date of this order addressing the meaning of paragraph 10 of the parties' agreement that is in dispute in this case and the applicability of the legal canon expressio unius est exclusio alterius in the interpretation of that paragraph. In addition to the brief, the appellant shall electronically file an appendix conforming to MCR 7.312(D)(2). In the brief, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellees shall file a supplemental brief within 21 days of being served with the appellant's brief. The appellees shall also electronically file an appendix, or in the alternative, stipulate to the use of the appendix filed by the appellant. A reply, if any, must be filed by the appellant within 14 days of being served with the appellees' brief. The parties should not submit mere restatements of their application papers.