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H.A. SMITH LUMBER & HARDWARE CO. v. DECINA

Docket No. 128560, COA No. 238521.

711 N.W.2d 327 (2006)

474 Mich. 1073

H.A. SMITH LUMBER & HARDWARE CO., Plaintiff/Counter-Defendant/Appellee, v. John DECINA, Defendant/Cross-Defendant/Appellant, and John Decina Development Co., Third Party Defendant/Cross-Defendant/Counter-Plaintiff/Appellant, and Linas P. Gobis and Lydia K. Gobis, Defendants/Cross-Plaintiffs/Cross-Defendants/Counter-Defendants/Appellees, and William Gardella d/b/a Williams Glass Co., Defendant/Counter-Plaintiff/Cross/Plaintiff/Third Party Plaintiff/Appellee.

Supreme Court of Michigan.

March 8, 2006.

On order of the Court, the application for leave to appeal the March 3, 2005 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REMAND this case to the Oakland Circuit Court for further consideration. On remand, the Oakland Circuit Court is DIRECTED to articulate in writing, and to file with the Clerk of the Supreme Court within 120 days of this order, its written...

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