Opinion
SC: 146218 COA: 302190 Tax Tribunal: 00-319852
2013-09-30
LARRY J. WINGET and ALICIA J. WINGET, Petitioners-Appellants, v. DEPARTMENT OF TREASURY, Respondent-Appellee.
Order
146218 & (42)
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
By order of April 1, 2013, the application for leave to appeal the October 16, 2012 judgment of the Court of Appeals was held in abeyance pending the decisions in Malpass v Dep't of Treasury (Docket Nos. 144430-2) and Wheeler Estate v Dep't of Treasury (Docket Nos. 145367-70). On order of the Court, the cases having been decided on June 24, 2013, 494 Mich 237 (2013), the application is again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and we REMAND this case to the Court of Appeals for reconsideration in light of Malpass and Wheeler. The motion for entry of an order reversing the Court of Appeals decision and remanding the action to the Michigan Tax Tribunal is DENIED.
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.
________
Clerk