Summary
In Watts v Nevils, 477 Mich 856; 720 NW2d 755 (2006), our Supreme Court overruled the jurisdictional holding in Newton, citing favorably this Court's decision in Walsh v Taylor, 263 Mich App 618; 689 NW2d 506 (2004), and deeming irrelevant the existence of factual issues.
Summary of this case from Hagler v. City of PontiacOpinion
No. 131109.
September 15, 2006.
Appeal from the Summary Dispositions SC: 131109, COA: 267503, Cheboygan CC: 03-007255-NO.
Summary Dispositions September 15, 2006:
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals and remand this case to that Court for plenary consideration. Defendants had a right to an appeal under MCR 7.202(6)(a)(v) and 7.203(A)(1) because the circuit court order denied governmental immunity to these defendants. Whether there were factual issues remaining was irrelevant. See Walsh v Taylor, 263 Mich App 618, 625 (2004). We overrule Newton v Michigan State Police, 263 Mich App 251 (2004), to the extent that it is inconsistent with this order and Walsh.
KELLY, J. I would grant leave to appeal.