Danny Epps v. 4 Quarters Restoration LLC

Order Michigan Supreme Court

Lansing, Michigan June 13, 2014 Robert P. Young, Jr.,

Chief Justice 147727 & (60) Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly DANNY EPPS and JOYCE EPPS, Brian K. Zahra

Plaintiffs-Appellees/ Bridget M. McCormack Cross-Appellants, David F. Viviano, v SC: 147727 Justices

COA: 305731 Wayne CC: 09-018323-NO 4 QUARTERS RESTORATION, L.L.C., DENAGLEN CORP., d/b/a MBM CHECK CASHING, EMERGENCY INSURANCE SERVICES, and TROY WILLIS,

Defendants-Appellants/ Cross-Appellees, and AM ADJUSTING & APPRAISALS, L.L.C., MICHAEL N. ANDERSON, JR., HOME OWNERS INSURANCE COMPANY, PAULA MATHEWS, MAXIMUM RESTORATION, L.L.C., AUTO OWNERS INSURANCE COMPANY, CHARLES WILLIS, and COMERICA BANK,

Defendants. _________________________________________/

On order of the Court, the application for leave to appeal the June 6, 2013 judgment of the Court of Appeals and the application for leave to appeal as cross-appellants are considered. We direct the Clerk to schedule oral argument on whether to grant the application for leave to appeal or take other action. MCR 7.302(H)(1). The parties shall submit supplemental briefs within 42 days of the date of this order addressing whether the contracts and limited power of attorney at issue are void or merely voidable, and whether the plaintiffs are required to establish actual damages to recover on their breach of contract and fraud/misrepresentation claims. The parties should not submit mere restatements of their application papers.

Persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.

The application for leave to appeal as cross-appellants remains pending.

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.

June 13, 2014 p0610

Clerk