SC: 126489. COA: 246323.

On order of the Court, the application for leave to appeal the June 22, 2004 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and REMAND this case to the Court of Appeals for reconsideration in light of Waltz v. Wyse, 469 Mich. 642, 677 N.W.2d 813 (2004).