Opinion
No. 130995.
September 27, 2006.
Appeal from the Court of Appeals No. 269014.
Summary Dispositions September 27, 2006.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we remand this case to the Wayne Circuit Court for reconsideration of plaintiffs motion to set aside its acceptance of the case evaluation. The circuit court erred in holding that it did not have discretion to consider the motion. See State Farm Mut Automobile Ins Co v Galen, 199 Mich App 274 (1993). Nothing in CAM Construction v Lake Edgewood Condo Ass'n, 465 Mich 549 (2002), which holds that a case is fully settled when both parties accept a case evaluation award, precludes a party from filing a motion to set aside a case evaluation award. We do not retain jurisdiction.