Krueger v. Williams

On Rehearing

M. J. Kelly, J.

We granted rehearing in this matter to correct an erroneous statement made in our earlier decision. 71 Mich App 638; 248 NW2d 650 (1976). The issue involved was whether the trial court abused its discretion in denying plaintiff’s motion for substituted service.

As part of our holding in that decision we stated the following:

"Here, had the court taken the motions in order of their filing, it would have been compelled to rule on defendant’s motion for accelerated judgment first and certainly dismissal would follow. Jackson City Bank & Trust Co v Fredrick, 271 Mich 538,…