Opinion
SC: 148358
11-26-2014
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. BETSY LOUISE KWASNY, Defendant-Appellant.
Order
Robert P. Young, Jr., Chief Justice Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano, Justices COA: 306784
Berrien CC: 2009-003571-FH 2009-004979-FH 2010-005474-FH
On order of the Court, the application for leave to appeal the October 31, 2013 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 that part of the Court of Appeals judgment regarding the restitution order in lower court No. 2009-004979-FH and we REMAND this case to the Court of Appeals for reconsideration in light of People v McKinley, 496 Mich 410 (2014). The Court of Appeals evaluated the restitution order in accordance with People v Gahan, 456 Mich 264 (1997), which was overruled in People v McKinley. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.
We do not retain jurisdiction.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.
November 26, 2014
/s/_________
Clerk