Opinion
354533
08-18-2023
MSSC Inc. v. Airboss Flexible Products Co.
LC No. 2020-179620-CB
Michael F. Gadola Presiding Judge Kathleen Jansen Colleen A. O'Brien Judges
ORDER
The motion for peremptory reversal pursuant to MCR 7.211(C)(4) is DENIED for failure to persuade the Court of the existence of manifest error requiring reversal and warranting peremptory relief without argument or formal submission.
This case is REMANDED to the trial court for reconsideration in light of the Michigan Supreme Court's July 11, 2023 opinion in this matter. We retain jurisdiction.
Proceedings on remand in this matter shall commence within 42 days of the Clerk's certification of this order, and they shall be given priority on remand until they are concluded. As stated in the Supreme Court's opinion, the documents between the parties created a release-by-release contract, not a requirements contract. The proceedings on remand are limited to this issue.
The parties shall promptly file with this Court a copy of all papers filed on remand. Within seven days after entry, appellant shall file with this Court copies of all orders entered on remand.
The transcript of all proceedings on remand shall be prepared and filed within 21 days after completion of the proceedings.