Oakley v. Michigan Dept. of Mental Health, 71068
| Decision Date | 15 December 1983 |
| Docket Number | No. 71068,71068 |
| Citation | 418 Mich. 886,341 N.W.2d 434 |
| Parties | Bernadine OAKLEY, Plaintiff-Appellee, v. MICHIGAN DEPARTMENT OF MENTAL HEALTH, and Acting Director of the Department of Mental Health, Defendants-Appellants. 418 Mich. 886, 341 N.W.2d 434 |
| 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 granting leave to appeal, we VACATE the Court of Appeals judgment and REMAND the case to the Court of Appeals for consideration of defendants' argument that Const.1963, art. 11, Sec. 5 deprived the Legislature of power to grant the benefits at issue in this case.
We do not retain jurisdiction.
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...by the granting of an accelerated judgment, such judgment does not constitute litigation on the merits. Oakley v. Dep't of Mental Health, 122 Mich.App. 638, 332 N.W.2d 552 (1983), vacated on other grounds 418 Mich. 886, 341 N.W.2d 434 (1983). We therefore conclude that the trial court erred......
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