Opinion
SC: 165483 COA: 364449
05-26-2023
Alex GREEN, IV, Plaintiff-Appellant, v. Burt Eugene ROGERS and All Other Occupants, Defendants-Appellees.
Order
On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal the February 14, 2023 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE the December 5, 2022 order of the 36th District Court, and we REMAND this case to that court for an immediate trial on the issue of possession pursuant to MCR 4.201(H)(2)(a)(iii ). The plaintiff is entitled to an immediate trial as to the possession issue because the defendant failed to comply with an escrow order to pay a reasonable rent for the premises during the pendency of the action. As for the other claims and counterclaims for monetary damages, the district court shall afford the parties the opportunity to file dispositive motions and decide those motions on the merits before proceeding to trial on them. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.
We do not retain jurisdiction.