Opinion
No. 117047.
June 12, 2000.
CoA: 227699, Ingham CC: 00-091820-AW.
On order of the Court, the motion for immediate consideration is considered, and it is GRANTED. The application for leave to appeal from the June 9, 2000 decision of the Court of Appeals is treated as an application for leave to appeal prior to a decision by the Court of Appeals on the defendant's appeal of right. Pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Ingham Circuit Court. MCL 168.414; MSA 6.1414, as amended by 1999 PA 218 established the deadline for the plaintiff to file a written notice of withdrawal.
The motion for a stay is DENIED as moot.
Cavanagh, J., would grant leave to appeal.
Taylor, J., not participating.