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AUTO-OWNERS INS. v. FERWERDA ENTERPRISES

Docket Nos. 138917, 138919. COA No. 277574.

773 N.W.2d 17 (2009)

AUTO-OWNERS INSURANCE COMPANY, Plaintiff/Counter-Defendant/Appellee/Cross-Appellant, v. FERWERDA ENTERPRISES, INC., d/b/a Holiday Inn Express Ludington, Defendant/Counter-Plaintiff/Appellant/Cross-Appellee, and Daryl Bronkema, Next Friend of Jackson Thomas Bronkema, Caleb Andrew Bronkema and Savannah Joy Bronkema, and Daryl Bronkema and Melissa Bronkema, Husband and Wife, Defendants-Appellants/Cross-Appellees. Auto-Owners Insurance Company, Plaintiff/Counter-Defendant/Appellee/Cross-Appellant, v. Ferwerda Enterprises, Inc., d/b/a Holiday Inn Express Ludington, Defendant/Counter-Plaintiff/Appellee/Cross-Appellee, and Daryl Bronkema, Individually and Next Friend of Jackson Thomas Bronkema, Caleb Andrew Bronkema and Savannah Joy Bronkema, and Melissa Bronkema, Defendants-Appellants/Cross-Appellees.

Supreme Court of Michigan.

October 9, 2009.

Order

On order of the Court, the applications for leave to appeal the April 9, 2009 judgment of the Court of Appeals and the applications for leave to appeal as cross-appellant are considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and we REMAND this case to the Court of Appeals for consideration of whether the trial court properly assessed...

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