Estate of Joseph Daniel Velez Jr v. Richard Shafer ( 2020 )

Order Michigan Supreme Court
Lansing, Michigan
November 6, 2020 Bridget M. McCormack,
Chief Justice
161098 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
SUSAN MOORE, Guardian/Conservator for the Brian K. Zahra
ESTATE OF JOSEPH DANIEL VELEZ, JR., Richard H. Bernstein
Plaintiff-Appellee, Elizabeth T. Clement
Megan K. Cavanagh,
Justices
v SC: 161098
COA: 345101
Macomb CC: 2017-002389-NO
RICHARD SHAFER, KAREN SHAFER,
R. SHAFER BUILDERS, REVOCABLE LIVING
TRUST AGREEMENT DATED 12/14/89, by
trustees RICHARD N. SHAFER and KAREN J.
SHAFER,
Defendants-Appellants,
and
HENSELY MANUFACTURING, INC.,
Defendant.
_________________________________________/
On order of the Court, the application for leave to appeal the January 30, 2020
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on the application. MCR 7.305(H)(1).
The appellants shall file a supplemental brief within 42 days of the date of this order
addressing whether the Court of Appeals erred when it determined that genuine issues of
material fact precluded dismissal of the appellee’s premises liability claim. Perkoviq v
Delcor Home-Lake Shore, Ltd, 466 Mich. 11 (2002); Hoffner v Lanctoe, 492 Mich. 450
(2012). In addition to the brief, the appellants shall electronically file an appendix
conforming to MCR 7.312(D)(2). In the brief, citations to the record must provide the
appendix page numbers as required by MCR 7.312(B)(1). The appellee shall file a
supplemental brief within 21 days of being served with the appellants’ brief. The appellee
shall also electronically file an appendix, or in the alternative, stipulate to the use of the
appendix filed by the appellants. A reply, if any, must be filed by the appellants within 14
days of being served with the appellee’s brief. The parties should not submit mere
restatements of their application papers.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
November 6, 2020
a1103
Clerk