Opinion
No. 116154 (52).
May 16, 2000.
Appeal from COA: 209497, Kent CC: 97-010026-CZ.
On order of the Court, the application for leave to appeal from the December 17, 1999 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the decision of the Court of Appeals and REMAND the case to the circuit court for further proceedings on plaintiffs' claims of breach of contract and fraud or misrepresentation. Plaintiffs' pleadings adequately stated causes of action on which relief can be granted, MCR 2.116(C)(8). Following discovery, defendant may challenge the adequacy of plaintiffs' potential proofs under MCR 2.116(C)(10). The motion for relief from stay is also considered, and it is DENIED.
We do not retain jurisdiction.