Opinion
SC: 165126 COA: 357588
10-03-2023
Cheryl COX and Frank Cox, Plaintiffs-Appellants, v. AMERICA MULTI-CINEMA, INC., Defendant-Appellee.
Order
On order of the Court, the application for leave to appeal the November 10, 2022 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the Part III introduction and all of Part III-A of the judgment of the Court of Appeals and REMAND this case to that court for reconsideration in light of Kandil-Elsayed v F&E Oil, Inc (Docket No. 162907) and Pinsky v Kroger Co of Michigan (Docket No. 163430), ––– Mich ––––,––– N.W.2d ––––, 2023 WL 4845611 (2023). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented relating to Parts III-B and III-C of the judgment of the Court of Appeals should be reviewed by this Court.