Opinion
No. 139118.
January 29, 2010.
Appeal from the Court of Appeals No. 289841.
Summary Disposition.
Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we remand this case to the. trial court for a decision on the defendant's motion to disqualify Judge Prentis Edwards, for reconsideration of the defendant's successive motion for relief from judgment, and for any further proceedings not inconsistent with this order. Judge Edwards should not have decided the defendant's successive motion for relief from judgment without first deciding the motion to disqualify. On remand, the trial court shall decide the motion to disqualify under MCR 2.003 before addressing the defendant's successive motion for relief from judgment. We do not retain jurisdiction.