Dunn v. State Farm Fire and Cas. Co., 80882

Decision Date28 September 1987
Docket NumberNo. 80882,80882
Citation412 N.W.2d 220,429 Mich. 854
PartiesDavid DUNN, d/b/a Dunn Construction Company, Plaintiff-Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Appellee. 429 Mich. 854, 412 N.W.2d 220
CourtMichigan Supreme Court
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 REVERSE the judgments of the Court of Appeals and the Calhoun Circuit Court and REMAND the case to the Calhoun Circuit Court for further proceedings. There were disputed questions of fact regarding whether the waiver of construction lien was intended to operate as a release of plaintiff's claims under the contract. Although the trial judge's decision is titled "Finding," there was no trial or hearing pursuant to MCR 2.116(I)(3) at which such a finding could be made.

We do not retain jurisdiction.

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4 cases
  • Davis v. Michigan Department of Treasury
    • United States
    • U.S. Supreme Court
    • March 28, 1989
    ...statute. Id., at 105, 408 N.W.2d, at 436. The Supreme Court of Michigan denied appellant's application for leave to appeal. 429 Mich. 854, 412 N.W.2d 220 (1987). We noted probable jurisdiction. 487 U.S. 1217, 108 S.Ct. 2868, 101 L.Ed.2d 904 Appellant places principal reliance on 4 U.S.C. § ......
  • Davis v. Department of Treasury
    • United States
    • Court of Appeal of Michigan — District of US
    • October 20, 1989
    ...retired employees, including retired federal employees. Davis v. Dep't of Treasury, 160 Mich.App. 98, 408 N.W.2d 433 (1987), lv. den. 429 Mich. 854 (1987). Relying on the doctrine of intergovernmental tax immunity and its statutory embodiment in 4 U.S.C. Sec. 111, the United States Supreme ......
  • People v. Brown
    • United States
    • Court of Appeal of Michigan — District of US
    • December 17, 1990
    ...Accordingly, we find that relief is not warranted. Compare People v. Willhite, 155 Mich.App. 124, 127, 399 N.W.2d 57 (1986), lv. den. 429 Mich. 854 (1987). Next, defendant argues that the inclusion of his expunged juvenile record in the presentence report requires resentencing. However, whe......
  • People v. Buckley
    • United States
    • Michigan Supreme Court
    • September 28, 1987
    ...412 N.W.2d 220 ... PEOPLE of the State of Michigan, Plaintiff-Appellee, ... Joseph ... ...

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