Opinion
Docket No. 108146.
Leave to Appeal Denied January 5, 1998.
Reported below: 218 Mich. App. 591.
BOYLE, J.
I join in the denial of leave. I wish to expressly state that this action is not an endorsement of the appropriateness of the Court of Appeals use of the "sophisticated user" doctrine, which in my view is unnecessary to the resolution of the case. Our denial indicates that the Court does not disagree with the result in the case. Assuming a majority did not agree with the sophisticated user discussion, a grant of leave to appeal to address this rationale is, at best, a questionable use of judicial resources. Yet the Court of Appeals has arguably extended the sophisticated user standard beyond Antcliff v. State Employees Credit Union, 414 Mich. 624 (1982), and that extension may have untoward ramifications in other cases. Because the "sophisticated user doctrine is unnecessary, the opinion should be depublished.