Citizens Ins. Co. of America v. Foam-Seal, Inc.

• Court: Michigan Supreme Court
• Citation: Citizens Ins. Co. of America v. Foam-Seal, Inc., 434 N.W.2d 413, 432 Mich. 859 (Mich. 1989)
• Decision Date: 03 February 1989
• Docket Number: INC,FOAM-SEA,No. 83369,83369
• Parties: CITIZENS INSURANCE COMPANY OF AMERICA, Subrogee of Ted and Lela Molesworth d/b/a Molesworth Contracting and Paving, Plaintiff-Appellant, v., a Michigan corporation, and Brian L. Hebert d/b/a Foam-Coat, jointly and severally, Defendants-Appellees.

Page 413

434 N.W.2d 413

432 Mich. 859

CITIZENS INSURANCE COMPANY OF AMERICA, Subrogee of Ted and Lela Molesworth d/b/a Molesworth Contracting and Paving, Plaintiff-Appellant, v. FOAM-SEAL, INC., a Michigan corporation, and Brian L. Hebert d/b/a Foam-Coat, jointly and severally Defendants-Appellees.

No. 83369.

Supreme Court of Michigan.

Feb. 3, 1989.

ORDER

On order of the Court, the application for leave to appeal is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and the order of the trial court denying the plaintiff's motion to amend its complaint. In these circumstances, which included the plaintiff's offer to pay costs as determined by the trial judge, it was an abuse of discretion to deny the motion to amend. MCR 2.118(A)(2) and Ben P. Fyke & Sons v. Gunter Co., 390 Mich. 649, 213 N.W.2d 134...