Opinion
SC: 165391 COA: 360293 SC: 165392 COA: 360291
09-15-2023
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.
Order
On order of the Court, the applications for leave to appeal the January 19, 2023 judgments of the Court of Appeals are considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND these cases to the Court of Appeals to determine, assuming that an examination is a "proceeding" for purposes of MCL 567.250(2) : (1) whether the commencement of the examination tolled the statute of limitations in MCL 567.250(2) ; and (2) whether the Treasurer must still file a lawsuit within the applicable time frame to avoid the lawsuit being time-barred.
The Court of Appeals shall forward its decision on remand to the Clerk of this Court within 56 days of the date of this order.
We retain jurisdiction.