Opinion
No. 120336.
July 22, 2002.
COA: 213386, Oakland CC: 97-550272-NZ
On order of the Court, the application for leave to appeal from the June 22, 2001, decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND the case to the Court of Appeals as on rehearing granted to decide the preemption issue. On the facts of this case, it is error to say that the trial court's decision was granted pursuant to MCR 2.116(C)(8). Accordingly, we VACATE the judgment of the Court of Appeals.
We do not retain jurisdiction.