Andre Bezeau v. Palace Sports & Entertainment Inc ( 2010 )

STATE OF MICHIGAN
SUPREME COURT
ANDRE BEZEAU,
Plaintiff-Appellant,
SC: 137500
v COA: 285593
WCAC: 03-000101
PALACE SPORTS & ENTERTAINMENT, INC.,
Defendant-Appellee
______________________________________
Statement of Justice Davis Denying Defendant’s Motion to Disqualify
September 28, 2010
DAVIS, J. Defendant has brought this motion seeking my recusal on its
motion for rehearing of this Court’s July 31, 2010 opinion in this case. Because I do not
believe that grounds supporting recusal exist, I deny defendant’s motion.
Defendant asks that I recuse myself from participation in the motion for rehearing
because I “did not consider the application for leave to appeal that was decided by
Bezeau v Palace Sports & Entertainment, Inc. 1 The term rehearing itself supposes that a
jurist had heard a case once before.”
1
486 Mich. ___; ___ NW2d ___ (2010)
As was noted in my non-participation statement in People v Jackson, ___ Mich
___; ___ NW2d ___ (2010), a Justice in transition’s nonparticipation in a case that was
heard before the Justice took office does not affect the ability of that Justice to participate
in subsequent motions for rehearing.
2