In Re Certified Question From 14th Court of Appeals Dist. of Texas

I dissent from this Court’s decision to deny plaintiffs motion for reconsideration. I would grant the motion for reconsideration and vacate the Court’s decision answering a certified question from the Fourteenth District Court of Appeals of Texas.

This Court’s decision to answer the certified question in this case should be vacated because MCR 7.305(B), the Michigan court rule allowing the Court to answer certified questions from other courts, goes beyond this court’s constitutional authority to answer certified questions.1 Further, the majority’s decision to answer the certified question in…