Opinion
No. 128882.
November 1, 2006.
Appeal from the Reported below: 266 Mich App 150.
Summary Dispositions November 1, 2006.
By order of December 28, 2005, the application for leave to appeal the May 3, 2005, judgment of the Court of Appeals was held in abeyance pending the decision in 46th Circuit Trial Court v Crawford Co (Docket No. 128878). On order of the Court, the case having been decided on July 28, 2006, 476 Mich 131 (2006), the application is again considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we vacate in part the judgment of the Court of Appeals and we remand this case to the Court of Appeals, which shall hold this case in abeyance pending its decision on remand in 46th Circuit Trial Court v Crawford Co (Court of Appeals Docket Nos. 246823, 248593, and 251390). If, after 46th Circuit Trial Court v Crawford County is decided on remand, the Court of Appeals determines that Kalkaska and Crawford counties are responsible for the 46th Circuit Trial Court's attorney fees, the Court of Appeals shall reconsider whether Kalkaska and Crawford counties should be liable for sanctions when they will be responsible for the fees of the attorneys that responded to the sanctionable pleadings. In all other respects, leave to appeal is denied, because we are not persuaded that the remaining questions presented should be reviewed by this Court.
The motions for immediate consideration and for peremptory reversal are denied. The remaining motion for miscellaneous relief is granted. A public question being involved, and in light of the relationships between the parties no costs are awarded.
KELLY, J. I would deny leave to appeal.