Michigan Supreme Court, 1971

Williams v. Fiedlar

Williams v. Fiedlar
Michigan Supreme Court · Decided November 9, 1971 · Black, Kavanagh, Adams, Brennan, Swainson, Williams
191 N.W.2d 52; 386 Mich. 221; 1971 Mich. LEXIS 145 (North Western Reporter, Second Series)

Williams v. Fiedlar

Opinion of the Court

Per Curiam.

The issues upon which leave to appeal in this matter was heretofore granted having been thoroughly examined, briefs thereon considered, and oral arguments heard, it is the opinion of the Court that leave to appeal was improvidently granted.

The judgment of the Court of Appeals is affirmed.* Costs to defendants.

T. M. Kavanagh, C. J., and Adams, T. E. Brennan, T. Gr. Kavanagh, Swainson, and Williams, JJ., concurred.

Williams v. Medlar (1970), 22 Mich App 179.

Concurring Opinion

Black, J.

(concurring). When the appellant’s application for leave to review came to determination September 22, 1970 (384 Mich 753), I did not participate in the decision, it having been my precedently submitted view that the application should be held in abeyance pending decision of Taylor v. Walter, which last was decided October 6, 1970 (384 Mich 114) and ordered reheard with result shown in 385 Mich 599.

In view of the events listed above I concur in the Court’s determination that leave to review here was improvidently granted. However, I do not wish to be understood as agreeing with the entire opinion of Division 2 (22 Mich App 179). See Great Lakes Realty Corporation v. Peters (1953), 336 Mich 325, 328, 329.

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