On order of the Court, the application for leave to appeal the November 3, 2005 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. The stay previously entered by this Court on December 28, 2005 is DISSOLVED.
MICHAEL F. CAVANAGH, J., would reverse the judgment of the Court of Appeals and remand this case to the circuit court for trial.
MARILYN J. KELLY...
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