Opinion
Docket No. 109135.
Summary Dispositions February 24, 1998.
In lieu of granting leave to appeal, the judgments of the Court of Appeals and the Wayne Circuit Court are reversed, and the case is remanded to the Wayne Circuit Court for further proceedings. MCR 7.302(F)(1). The law of the case doctrine barred the present panel of the Court of Appeals from correcting the error of the panel of that Court which decided the previous appeal of this case, but there is no such bar to the Supreme Court's reviewing powers. MCR 7.302(C)(4)(b). See also The People's Savings Bank v. Eberts, 96 Mich. 396, 398 (1893). The Supreme Court finds that defendants-appellants' counterclaim to the original complaint stated a claim upon which relief can be granted; consequently, the Wayne Circuit Court erred where it granted plaintiff summary disposition thereon.
Reported below: ( After Remand) 220 Mich. App. 540.