Opinion
No. 143354.
November 2, 2011.
Order
SC: 14 3354, COA: 293292, STC: 2008-000305
On order of the Court, the application for leave to appeal the March 31, 2011 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and we REMAND this case to the Court of Appeals as on reconsideration granted. The court shall consider whether jurisdiction in the Court of Appeals was lacking where the petitioning teacher did not file a statement of exceptions to the decision of the Administrative Law Judge. See MCL 38.104(5)( l), which provides: "A matter that is not included in a statement of exceptions filed under subdivision (j) or in a statement of cross-exceptions filed under subdivision (k) is considered waived and cannot be heard before the tenure commission or on appeal to the court of appeals."
We do not retain jurisdiction.