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September 02, 2009

MSC Order List: September 1, 2009

Yesterday, the Michigan Supreme Court issued an order granting leave to appeal in Tkachik v. Mandeville, No. 280879' on "whether, when a husband has abandoned his wife for the year and a half preceding her death, and the wife alone has made mortgage, tax, and insurance payments on property held as tenants by the entirety, the wife (or her estate) may receive contribution for the husband's share of these payments."

The Court also' granted mini-oral argument on whether to grant the application for leave to appeal in Brewer v A.D. Transport Express, Inc., No. 139068, for same session as' the oral argument on whether to grant the application in Bezeau v. Palace Sports & Entertainment, Inc., No. 137500.' The parties are to address' "whether the legislative change to MCL 418.845, 2008 PA 499, should be applied to this case."' The Worker's Compensation Section of the State' Bar of Michigan is invited to file a brief amicus curiae.'

The Court also issued one order administratively closing a case for failure to pay filing fees; one order staying the trial court proceedings with a decision on the application for leave to appeal pending; and an order reversing the Court of Appeals decision in Potter v. McLeary, No. 136336, remanding for further proceedings consistent with its opinion therein, and denying related applications for leave to appeal.

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