Opinion
No. 121194.
October 8, 2002.
COA: 227338, Oakland CC: 96-535946-CK
On order of the Court, the application for leave to appeal from the February 26, 2002 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE the judgments of the Court of Appeals and the Oakland County Circuit Court, and we REMAND the case to the Oakland County Circuit Court for further proceedings consistent with this order.
The March 30, 1999 opinion of the Court of Appeals in the previous appeal did not acknowledge explicitly the defendant's argument based on the wrongful-conduct rule, Orzel v Scott Drug Co, 449 Mich. 550 (1995), or acknowledge the differences between that defense and the fraud defense that the opinion did discuss. Further, this Court is not required to treat the previous Court of Appeals decision as the law of the case.
On remand pursuant to this order, the plaintiff and the defendant may move to amend their complaint and answer, respectively. MCR 2.118(A). In these circumstances, justice requires allowing the amendments. MCR 2.118(A)(2). Further proceedings, including motions for summary disposition, must be based on the amended pleadings.
We do not retain jurisdiction.