Opinion
No. 116060 (54)(57).
December 27, 2000.
COA: 208568, Kent CC: 96-001854-CK.
By order of March 28, 2000, the application for leave to appeal and the application for leave to appeal as cross-appellant were held in abeyance pending the decision in Eversman v Concrete Cutting Breaking (Docket No. 109977). On order of the Court, the decision having been issued on July 27, 2000, 463 Mich. 86 (2000), the application and cross-application are again considered, along with the motion for peremptory reversal, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we GRANT the motion for peremptory reversal, REVERSE the judgment of the Court of Appeals, and REMAND this case to the Kent Circuit Court for the entry of a judgment of no cause for action. The plaintiff's claim has been rendered moot by this Court's decision in Eversman v Concrete Cutting Breaking, supra.
We do not retain jurisdiction.
Cavanagh and Kelly, JJ., would remand to the Court of Appeals for reconsideration in light of Eversman.