Watts v. Nevils, 720 N.W.2d 755

On order of the Court, the application for leave to appeal the January 18, 2006 order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and REMAND this case to that court for plenary consideration. Defendants had a right to an appeal under MCR 7.202(6)(a)(v) and 7.203(A)(1) because the circuit court order denied governmental immunity to these defendants. Whether there were factual issues remaining was irrelevant. See Walsh v. Taylor, 263 Mich App 618, 625 (2004). We overrule Newton v Michigan State Police, 263 Mich App 251 (2004), to the extent that it is inconsistent with this order and Walsh.

KELLY, J., would grant leave to appeal.

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

September 15, 2006

Corbin R. Davis

Clerk

10912

Case Details

Case Name: Watts v. Nevils

Court Name: Michigan Supreme Court

Date Published: Sep 15, 2006

Citations: 720 N.W.2d 755; 477 Mich. 856; 131109

Docket Number: 131109

Court Abbreviation: Mich.