Opinion
SC: 160664 COA: 341837
05-26-2020
Beth BRACY, Plaintiff-Appellee, and ZMC Pharmacy, LLC, and Michigan Spine & Pain, Intervening Plaintiffs-Appellees, and Riverview Macomb Home & Attendant Care, Intervening Plaintiff, v. Yolanda Yvette NICHOLS, Defendant, and Farmers Insurance Exchange, Defendant/Cross-Plaintiff-Appellant, and Geico Indemnity Company, Defendant/Cross-Defendant-Appellee.
Order
On order of the Court, the application for leave to appeal the September 19, 2019 judgment of the Court of Appeals is considered. We do not disturb that part of the Court of Appeals judgment that reversed the Wayne Circuit Court’s grant of summary disposition to Farmers Insurance Exchange. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals judgment holding that summary disposition should be granted in favor of Geico Indemnity Company and we REMAND this case to the circuit court for further proceedings. The Court of Appeals acted prematurely in deciding issues that were not addressed by the circuit court. On remand, the circuit court may, in its discretion, allow further development of the factual record and legal arguments, including the application, if any, development of the factual record and legal arguments, including the application, if any, of Dye v. Esurance Prop. & Cas. Ins. Co. , 504 Mich. 167, 934 N.W.2d 674 (2019), before reconsidering whether to grant either party’s motion for summary disposition. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should now be reviewed by this Court.
Cavanagh, J., did not participate due to her prior relationship with Garan Lucow Miller, P.C.