PHOENIX INVESTMENT HOLDING COMPANY, INC. v. NOSAN & SILVERMAN HOMES, L.L.C.

Docket No. 126561. COA No. 246398.

705 N.W.2d 109 (2005)

474 Mich. 893

PHOENIX INVESTMENT HOLDING COMPANY, INC., Woodland Excavating, L.L.C., and Willacker Homes, Inc., Plaintiffs-Appellees, v. NOSAN & SILVERMAN HOMES, L.L.C., Silverman Development Co., Silverman Homes, Inc., Silverman Construction Co. and Toll Brothers, Inc., Defendants-Appellants.

Supreme Court of Michigan.

October 26, 2005.


On October 19, 2005, the Court heard oral argument on the application for leave to appeal the April 20, 2004 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 in part the judgment of the Court of Appeals and REINSTATE in part the May 7, 2002 order of the Oakland Circuit Court, as to plaintiffs' Count II. The circuit court properly...

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