Opinion
No. 118422 (21).
January 31, 2001.
COA: 231824, Wayne CC: 93-327681-NZ.
The order of this Court dated January 19, 2001, stayed further proceedings in the Wayne Circuit Court pending further consideration of defendant's application for leave to appeal from the Court of Appeals decision dated January 12, 2001.
On order of the Court, the motion to strike the supplement to the application is considered, and it is DENIED. The application for leave to appeal also is considered and it is DENIED, because we are not persuaded that the questions presented should now be reviewed by this Court. However, we caution the trial court that, in instructing the jury and in otherwise considering whether defendant actually represented plaintiff in 1988-1989 and 1991-1992, it should avoid relying on dicta in the Court of Appeals 1996 opinion suggesting that the counseling of a "quorum" of the board of directors transforms the representation of individual directors into a representation of the corporate entity. See Centra, Inc v Jaffe, Raitt, Heuer Weiss, PC, unpublished opinion per curiam of the Court of Appeals, issued September 6, 1996 (Docket No. 181803), slip op, pp 2-3.
The stay of proceedings is VACATED.
Cavanagh, J., states as follows: I would simply deny leave to appeal.
I concur with the order's holdings, to deny the motion to strike the supplement to the application, to deny the application for leave to appeal, and to vacate the stay of proceedings. I write separately because I do not join in the majority's statement about the Court of Appeals unpublished per curium opinion issued September 6, 1996 (Docket No. 181803), slip op, pp 2-3, and will express no opinion thereon unless we would grant leave and after we would hear this case.