Opinion
362375
03-04-2024
RHONDA PEETE v. DART PROPERTIES II LLC
LC No. 2020-004011-NO
Colleen A. O'Brien Presiding Judge, Mark J. Cavanagh, Kathleen Jansen Judges
ORDER
This matter returns on remand from our Supreme Court, Peete v Dart Properties II LLC, ___Mich___;___N.W.2d___ (November 28, 2023, Docket No. 165329). On reconsideration, the Court orders, pursuant to MCR 7.205(E)(2), that the June 14, 2022 order of the Macomb Circuit Court is VACATED.
Kandil-Elsayed v F &E Oil, Inc, 512 Mich. 95; 1 N.W.2d 44 (2023), changed the legal landscape for premises liability cases and set forth a new framework for their analysis. Where our Supreme Court issued Kandil-Elsayed after the trial court's ruling in this case, the trial court could not have resolved the issues under this new standard. This Court declines to resolve them for the first time on appeal. See Jawad A Shah, MD, PC v State Farm Mut Auto Ins Co, 324 Mich.App. 182, 210; 920 N.W.2d 149 (2018). The matter is REMANDED to the trial court for further proceedings under the standards outlined in Kandil-Elsayed.
The Court retains no further jurisdiction.