Order Michigan Supreme Court Lansing, Michigan October 27, 2006 Clifford W. Taylor, Chief Justice 131177 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan ANNETTE SURANT, Personal Representative Robert P. Young, Jr. of the Estate of RYAN DONOVAN SURANT, Stephen J. Markman, Justices Deceased, Plaintiff-Appellee, v SC: 131177 COA: 263433 Macomb CC: 04-000688-NI HEARTLAND WISCONSIN CORPORATION and KLEE CONSTRUCTION, Defendants, and SHORE POINT BUILD & RENOVATE, Defendant-Appellant.

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On order of the Chief Justice, a stipulation signed by counsel for the parties agreeing to the dismissal of this application for leave to appeal is considered, and the application for leave to appeal is DISMISSED with prejudice and without costs.

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.

October 27, 2006 _________________________________________ t1024 Clerk