Travelers Ins. v. Nouri

• Court: Michigan Supreme Court
• Citation: Travelers Ins. v. Nouri, 575 N.W.2d 561 (Mich. 1998)
• Decision Date: 03 March 1998
• Docket Number: U-H,No. 194316,194316
• Parties: Travelers Insurance, as Subrogee of Pine Knob Wine Shop v. Ben P. Nouri,ual of Michigan, Inc.,ual International, Inc. NO. 109283. COA

Page 561

575 N.W.2d 561

Travelers Insurance, as Subrogee of Pine Knob Wine Shop v. Ben P. Nouri, U-Hual of Michigan, Inc., U-Hual International, Inc.

NO. 109283. COA No. 194316.

Supreme Court of Michigan

March 3, 1998

Disposition: Leave to appeal is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals. On remand, the Court of Appeals shall permit the defendants to file a claim of appeal. The Court of Appeals has previously recognized that an appeal of right is available from a consent judgment in which a party has reserved the right to appeal a trial court ruling. Vanderveen's Importing Co. v. Keramische Industrie M. deWit, 199 Mich.App. 359, 500 N.W.2d 779 (1993); Field Enterprises v. Dep't of Treasury, 184 Mich.App. 151, 457 N.W.2d 113 (1990); Smith v. City of Westland, 158 Mich.App. 132, 404 N.W.2d 214 (1986).

We do...