COA: 216543, Oakland CC: 95-510130-CK
On order of the Court, the application for leave to appeal from the July 20, 2001 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for reconsideration in light ofKelly v Builders Square, Inc, 465 Mich. 29 (2001). The trial court denied plaintiff's motion for new trial brought pursuant to MCR 2.611(A)(1)(e), which alleged that the verdict on plaintiff's claims was against the great weight of the evidence. Nevertheless, without citing any basis in the court rules, the court granted a new trial upon finding that the no cause of action verdicts on plaintiff's claims and defendant's counterclaims were inconsistent. MCR 2.611(A)(1) doesn't identify inconsistency in verdicts as a ground for granting a new trial. Id. at 38-40. On remand, the Court of Appeals shall assess on what basis, if any, the trial court could justify ordering a new trial.
We do not retain jurisdiction.
CAVANAGH, J., I would reverse the Court of Appeals by order.