Yvette M Cormier v. Pf Fitness-Midland LLC

Apr 6, 2018

SC: 156116; COA: 331286

Versions:909 N.W.2d 266

501 Mich. 1046

Lansing, Michigan

Order

On order of the Court, the application for leave to appeal the June 1, 2017 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals judgment concluding that the plaintiff had abandoned her claims under the Michigan Consumer Protection Act (MCPA), MCL 445.901 et seq. The plaintiff attached her complaint to her brief, cited the governing statute, MCL 445.901 et seq., and provided a two-page discussion of her theory supporting her claims. Thus, the plaintiff did not simply announce her position and leave it to the court to rationalize her basis, nor did she require the court to search for authority either to sustain or reject her position in this statutory cause of action. Cf. Wilson v Taylor, 457 Mich 232, 243 (1998), quoting Mitcham v Detroit, 355 Mich 182, 203 (1959). Accordingly, the Court of Appeals erred in declining to consider the plaintiff‘s MCPA claims. Therefore, we REMAND this case to that court for consideration of the trial court‘s grant of summary disposition on those claims. See Brownlow v McCall Enterprises, Inc, 315 Mich App 103 (2016).

In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.

We do not retain jurisdiction.

Larry S. Royster

Clerk

I, Larry S. Royster, 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.

April 6, 2018

a0403