Derith Smith v. Anonymous Joint Enterprise

Order Michigan Supreme Court

Lansing, Michigan September 14, 2010 Marilyn Kelly,

Chief Justice Michael F. Cavanagh Maura D. Corrigan Robert P. Young, Jr.

Rehearing Nos. 570 & 572 Stephen J. Markman

Diane M. Hathaway Alton Thomas Davis,

5 March 2010 Justices 138456-8 DERITH SMITH,

Plaintiff-Appellant,

SC: 138456-8 v COA: 275297, 275316, 275463

Leelanau CC: 05-006952-CZ ANONYMOUS JOINT ENTERPRISE, GEORGE PRESTON, MARY BARROWS, VILLAGE OF SUTTONS BAY, and CHARLES STEWART,

Defendants, and DONALD BARROWS, JOHN STANEK, and NOEL FLOHE,

Defendants-Appellees. _____________________________________

In this case motions for rehearing are considered and they are DENIED, there being no majority in favor of granting rehearing or other relief. KELLY, C.J. and CAVANAGH and HATHAWAY, JJ., would deny rehearing. CORRIGAN, YOUNG and MARKMAN, JJ., would grant rehearing.

CORRIGAN, J. (dissenting). I would grant defendants’ motions for rehearing, and on rehearing, I would vacate this Court’s July 30, 2010 decision and affirm the Court of Appeals for the reasons set forth in my partial dissent in Smith v Anonymous Joint Enterprise, ___Mich___(2010).

YOUNG and MARKMAN, JJ., join the statement of CORRIGAN, J.

DAVIS, J., not participating. I recuse myself and am not participating because I had prior personal knowledge of the facts in this case. See MCR 2.003(B).

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 14, 2010 _________________________________________

Clerk