On December 9, 2004, the Court heard oral argument on the application for leave to appeal the March 18, 2003 judgment of the Court of Appeals. On order of the Court, the application for leave to appeal is again considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we VACATE the Court of Appeals judgment in part, and REMAND this case to the Wayne Circuit Court for a determination, either on the existing record or after an appropriate hearing, whether...
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