Opinion
No. 128689.
May 12, 2006.
SC: 128689, COA: 248167.
Summary Disposition.
Plaintiff's motion to file supplemental brief and defendant's motion to include Argument II in its postargument brief are granted. Leave to appeal having been granted, 474 Mich 986 (2005), and the briefs and oral argument of the parties having been considered by the Court, we reverse in part the February 8, 2005, judgment of the Court of Appeals and reinstate the November 27, 2002, order of the Oakland Circuit Court granting defendant Michigan National Bank's motion for partial summary disposition. Pursuant to MCL 440.4406(6), as modified by the parties' account agreement, Michigan National Bank's liability is limited to those checks listed in plaintiff Carson Fischer, PLC's postnotification bank statements after September 1, 2000. We remand this case to the circuit court for further proceedings not inconsistent with this order. We do not retain jurisdiction. Court of Appeals No. 248167.