Opinion
No. 127057.
October 7, 2005.
Summary Dispositions.
SC: 127057.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals, reinstate plaintiff's cause of action, and remand this case to the Kent Circuit Court for further proceedings. Inasmuch as defendant could have waived his statute of limitations affirmative defense, MCR 2.111(F)(3), it does not appear to offend any established public policy for defendant to take a less drastic step of tolling a period of limitations by agreement. See Rory v. Continental Ins Co, 473 Mich 457, 470-471 (2005). The parties' unambiguous agreement to toll the period of limitations is to be enforced as written. The Court of Appeals independent assessment of the "reasonableness" of the parties' tolling agreement was unwarranted. Id. at 470. Because defendant was not entitled to judgment as a matter of law, we also vacate the award of attorney fees. We do not retain jurisdiction. Reported below: 264 Mich App 28.
CAVANAGH, J. I would reverse the judgment of the Court of Appeals, reinstate plaintiffs cause of action, and remand this case to the Kent Circuit Court for further proceedings without the further statement found in the majority's order.
KELLY, J. I join the statement of Justice CAVANAGH.