Opinion
No. 104138.
December 30, 1996.
Summary Dispositions December 30, 1996:
In lieu of granting leave to appeal, the orders of the Court of Appeals and the Genesee Circuit Court are vacated, and the case is remanded to the Genesee Circuit Court with the direction that the questions of precomplaint and postcomplaint interest respecting the $350,000 award be submitted to arbitration. MCR 7.302(F)(1). Even if the stipulation of the parties in this case is seen as an agreement to allow the judge to arbitrate the interest question, since Gordon Sel-Way, Inc v Spence Bros, Inc, 438 Mich. 488 (1991), and Holloway Construction Co v Oakland Co Bd of Rd Comm'rs, 450 Mich. 608 (1996), the question of interest in respect to an award is for the arbitrator, and a court should not decide the interest question in the role of an arbitrator. Reported below: 212 Mich. App. 612.
I would grant leave to appeal.
The application of Gordon Sel-Way, Inc v Spence Bros, Inc, 438 Mich. 488 (1991), and its predecessors is one of considerable complexity, as evidenced by the lengthy and published Court of Appeals opinion. The very nature of this issue, and its certain effect on future litigation, dictates that this case receive greater consideration by this Court than a peremptory order of reversal.
I would grant leave to appeal.