Opinion
SC: 165391 COA: 360293 SC: 165392 COA: 360291
01-26-2024
DINE BRANDS GLOBAL, INC., Plaintiff-Appellee, v. Rachael EUBANKS, in her capacity as the Treasurer for the State of Michigan, Defendant-Appellant. The Walt Disney Company, Plaintiff-Appellee, v. Rachael Eubanks, in her capacity as the Treasurer for the State of Michigan, Defendant-Appellant.
Oakland CC: 2021-189420-CZ
Oakland CC: 2021-189464-CZ
Order
By order of September 15, 2023, while retaining jurisdiction, this Court remanded these cases to the Court of Appeals to consider two unaddressed issues. On order of the Court, the Court of Appeals having issued its opinion on remand on January 11, 2024, the applications for leave to appeal are again considered. We direct the Clerk to schedule oral argument on the applications. MCR 7.305(H)(1). The parties shall file supplemental briefs in accordance with MCR 7.312(E), addressing: (1) whether the Court of Appeals erred in interpreting the Uniform Unclaimed Property Act, MCL 567.221 et seq., when it concluded that an examination or audit conducted by the Treasurer was not an "action or proceeding" under MCL 567.250(2); (2) if so, whether the commencement of the exami- nation tolled the statute of limitations in MCL 567.250(2); and (3) whether, even if an examination is a "proceeding," the Treasurer must still file a lawsuit within the applicable time frame to avoid the lawsuit being time-barred.
Amici who appeared at the application stage are invited to file supplemental briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in these cases may move the Court for permission to file briefs amicus curiae. Motions for permission to file briefs amicus curiae and briefs amicus curiae regarding these cases should be filed in Dine Brands Global, Inc v Eubanks, Docket No. 165391, only.