Blair v. Wayne State University, 56191
| Decision Date | 23 December 1974 |
| Docket Number | No. 56191,56191 |
| Citation | 393 Mich. 769,224 N.W.2d 283 |
| Parties | Brenda Lee BLAIR and Kenneth Louis Gaspar, Individually and Jointly, Plaintiffs-Appellees, v. WAYNE STATE UNIVERSITY, an Institution of Higher Education, established and maintained under the Laws of the State of Michigan, et al., Defendants-Appellants. |
| Court | Michigan Supreme Court |
Before the Entire Bench.
ORDER
On order of the Court, the application by defendants and appellants for leave to appeal is considered and the same is hereby granted. The Court on its own motion pursuant to GCR 1963, 865.1(7) peremptorily reverses the Court of Appeals, 53 Mich.App. 641, 220 N.W.2d 201. The cause is remanded to the trial court for a full evidentiary hearing on plaintiffs' claims and the defendants' defense. The judgment of the Court of Appeals was predicated on an issue not tried or considered by the trial court and the defendant is entitled to an opportunity to be heard before a judgment on the merits is entered. This Court does not retain jurisdiction.
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8 cases
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Driver v. Naini
...claim that he was unaware of the existence of the claim against CCA is not unreasonable on its face. 15. See Blair v. Wayne State Univ., 393 Mich. 769, 224 N.W.2d 283 (1974) (peremptorily reversing the Court of Appeals when the issue was not tried or considered by the trial court because th......
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Triplett v. St. Amour
...Because the issue of venue was never addressed in the courts below, it is not properly before this Court. See Blair v. Wayne State Univ., 393 Mich. 769, 224 N.W.2d 283 (1974). ...
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Western Fire Ins. Co. v. J. R. Snyder, Inc.
...514, 242 N.W.2d 824 (1976); George E. Snyder Associates, Inc. v. Midwest Bank, 56 Mich.App. 193, 223 N.W.2d 632 (1974), lv. den., 393 Mich. 769 (1974). Third, we do not believe Maryland Casualty Co. v. Zanca, 76 N.J.Super. 475, 184 A.2d 886 (1962), necessarily applies to the facts at bar, a......
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Kiluma v. Wayne State University, Docket No. 26235
...University. See, E.g., Blair v. Wayne State University, 53 Mich.App. 641, 220 N.W.2d 202 (1974), Reversed on other grounds, 393 Mich. 769; 224 N.W.2d 283 (1974). Moreover, defendant's construction is at odds with Fox v. Board of Regents of University of Michigan, 375 Mich. 238, 134 N.W.2d 1......
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