Allinger v. Kell, 66552
| Decision Date | 02 September 1981 |
| Docket Number | No. 66552,66552 |
| Citation | 309 N.W.2d 547,411 Mich. 1053 |
| Parties | Albert W. ALLINGER and Bernice C. Allinger, jointly and severally, Plaintiffs-Appellants, v. Lenwood E. KELL, Kell-Tondin Chapel, Inc., a Michigan corporation, and Fred H. Ayers, M.D., jointly and severally, Defendants-Appellees. |
| Court | Michigan Supreme Court |
On order of the Court, the application for leave to appeal is considered and, pursuant to GCR 1963, 853.2(4), in lieu of granting leave to appeal, we REVERSE the Court of Appeals, 102 Mich.App. 798, 302 N.W.2d 576, judgment in part and REMAND the case to the circuit court for further proceedings. Summary judgment is inappropriate. The record in these proceedings, brought in the trial court pursuant to GCR 1963, 117.2(1), will not permit the conclusion reached by the Court of Appeals that defendants acted within, or were protected by, the statutory authority of the medical examiner. While this conclusion might be appropriate upon consideration of supported motions for summary judgment pursuant to GCR 1963, 117.2(3), the record does not present such circumstances and the question involved requires consideration of underlying facts. In all other respects, the application for leave to appeal is DENIED.
We retain no jurisdiction.
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