Opinion
No. 123296 (14) (15).
May 16, 2003.
COA: 244645, Sanilac CC: 02-028555-NZ
On order of the Court, the motion for immediate consideration is considered, and it is GRANTED. The application for leave to appeal the February 3, 2003 order of the Court of Appeals is considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on leave granted. On remand, the Court of Appeals is directed to consider whether there is conflict between Michigan Basic v. Detroit Edison Co., 240 Mich. App. 524; 618 N.W.2d 32 (2000) and Durcon Co. v. Detroit Edison Co., 250 Mich. App. 553; 655 N.W.2d 304 (2002). The Court is further instructed to address whether either, or both, of these opinions comports with Travelers' Ins. Co. v. Detroit Edison Co., 465 Mich. 185; 631 N.W.2d 733 (2001). The motion to stay is also considered, and it is GRANTED. On motion of a party or on its own motion, the Court of Appeals may modify, set aside, or place conditions on the stay if it appears that the appeal is not being vigorously prosecuted or if other appropriate grounds appear.
We do not retain jurisdiction.