Devoe v. Cheboygan County Road Commission, Docket No. 58312
| Decision Date | 24 March 1977 |
| Docket Number | Docket No. 58312 |
| Citation | 399 Mich. 875,291 N.W.2d 925 |
| Parties | Edward DeVOE and Anna DeVoe, Plaintiffs-Appellees, v. CHEYBOYGAN COUNTY ROAD COMMISSION and J. R. Georges, C. Victor Lyon, and Gordon Tallman, Its Members, Defendants-Appellants. 399 Mich. 875, 291 N.W.2d 925 |
| Court | Michigan Supreme Court |
ORDER
On order of the Court, the application for leave to appeal is considered and, pursuant to GCR 1963, 853.2(4), in lieu of leave to appeal, the Court of Appeals is REVERSED and the case is REMANDED to the Court of Appeals for reconsideration.
The Court of Appeals erred in conducting "a de novo review of the record." 68 Mich.App. 176, 179, 242 N.W.2d 59, 61 (1976). Rather, the Court must examine the record to determine whether the trial judge's factual determination is clearly erroneous. GCR 1963, 517.1.
This Court does not retain jurisdiction.
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