Dunn v. State Farm Fire and Cas. Co., 80882
Decision Date | 28 September 1987 |
Docket Number | No. 80882,80882 |
Citation | 412 N.W.2d 220,429 Mich. 854 |
Parties | David 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 |
Court | Michigan Supreme Court |
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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