Opinion
SC: 165548 COA: 361730
10-03-2023
Arlene D. DAVIDSON, Plaintiff-Appellant, v. STEVE'S FAMILY DINING II, INC., Defendant-Appellee.
Order
On order of the Court, the application for leave to appeal the March 2, 2023 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 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 Mich (Docket No. 163430), ––– Mich ––––, ––– N.W.2d ––––, 2023 WL 4845611 (2023).
We do not retain jurisdiction.
Bernstein, J., did not participate because he has a family member with an interest that could be affected by the proceeding.