Opinion
362016
08-08-2023
Joshua David Brierley v. Timothy Savas
LC No. 21-005139-NO
Anica Letica Presiding Judge Stephen L. Borrello Michael J. Riordan Judges
ORDER
The motion for reconsideration is DENIED.
Borrello, J., would grant the motion for reconsideration. Although not raised in the motion for reconsideration, our Supreme Court's recent decision in Kandil-Elsayed v F &E Oil, Mich. 2023 (Docket No. 162907) undoubtedly changes both the analysis and the erroneous result reached by the majority in this matter. Plaintiff will eventually prevail in this matter, but for reasons unknown to me, he must now appeal to our Supreme Court to give him the relief to which he is entitled, adding further unnecessary time and costs to both parties.