Dunham v. Lowinger, 55419

Decision Date25 November 1975
Docket NumberNo. 55419,55419
PartiesH. Warren DUNHAM, Plaintiff-Appellant, v. Paul LOWINGER and Margaret Lowinger, Jointly and Severally, Defendants-Appellees. 395 Mich. 793, 235 N.W.2d 153
CourtMichigan Supreme Court
ORDER

Before the Entire Bench.

On order of the Court, appellant's delayed application for leave to appeal having been ordered held in abeyance pending decision in Manistee Bank & Trust Co. v. McGowan (Docket No. 54961), and said decision having been issued on September 8, 1975, 394 Mich. 655, 232 N.W.2d 636.

Now, therefore, said application is considered and the Court, pursuant to GCR 1963, 853.2(4), hereby sets aside the jury verdict and remands the case to the trial court for a new trial. Manistee Bank and Trust Co. v. McGowan, 394 Mich. 655, 232 N.W.2d 636 (1975).

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5 cases
  • People v. Hines
    • United States
    • Court of Appeal of Michigan — District of US
    • January 16, 1979
  • Grzebik v. Kerr
    • United States
    • Court of Appeal of Michigan — District of US
    • June 26, 1979
    ...Mich. 655, 232 N.W.2d 636 (1975), and the holding in Manistee Bank was [91 MICHAPP 487] given retroactive effect. Dunham v. Lowinger, 395 Mich. 793, 235 N.W.2d 153 (1975), Old Reliable Fire Ins. Co., v. Schaub, 85 Mich.App. 294, 271 N.W.2d 206 (1978). Defendants, on the other hand, argue th......
  • Herrick v. Taylor
    • United States
    • Court of Appeal of Michigan — District of US
    • April 6, 1982
    ...it was the Supreme Court's intention to apply the decision retroactively because the Supreme Court's disposition of Dunham v. Lowinger, 395 Mich. 793, 235 N.W.2d 153 (1975), where the Supreme Court reversed a 1973 decision of this Court on the basis of Manistee Bank, and Stanfill v. Powers,......
  • Old Reliable Fire Ins. Co. v. Schaub, Docket No. 77-2861
    • United States
    • Court of Appeal of Michigan — District of US
    • August 21, 1978
    ...that it was the Supreme Court's intention to apply Manistee Bank retrospectively is made clear in its disposition of Dunham v. Lowinger, 395 Mich. 793, 235 N.W.2d 153 (1975). There, on the basis of Manistee Bank, the Supreme Court reversed a 1973 decision of this Court. See also Stanfill v.......
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