Frank Anthony Scola v. Jp Morgan Chase Bank National Association , 929 N.W.2d 281 ( 2019 )

Order Michigan Supreme Court Lansing, Michigan June 21, 2019 Bridget M. McCormack, Chief Justice 158903 David F. Viviano, Chief Justice Pro Tem Stephen J. Markman FRANK ANTHONY SCOLA, Brian K. Zahra Richard H. Bernstein Plaintiff-Appellant, Elizabeth T. Clement v SC: 158903 Megan K. Cavanagh, COA: 338966 Justices Wayne CC: 15-002804-NI JP MORGAN CHASE BANK, NATIONAL ASSOCIATION, and JP MORGAN CHASE & CO., Defendants-Appellees, and KATHLEEN SCOLA, ESTATE OF JOHN BARROW BROWN, and CITY OF WAYNE, Defendants. _________________________________________/ On order of the Court, the application for leave to appeal the October 4, 2018 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 appellant shall file a supplemental brief within 42 days of the date of this order addressing whether the Court of Appeals erred in holding that the appellant’s claim sounded in premises liability rather than ordinary negligence. In addition to the brief, the appellant 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 appellees shall file a supplemental brief within 21 days of being served with the appellant’s brief. The appellees shall also electronically file an appendix, or in the alternative, stipulate to the use of the appendix filed by the appellant. A reply, if any, must be filed by the appellant within 14 days of being served with the appellees’ brief. The parties should not submit mere restatements of their application papers. The Michigan Association for Justice, Michigan Defense Trial Counsel, Inc., and the Negligence Section of the State Bar of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issue presented in this case may move the Court for permission to file briefs amicus curiae. 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. June 21, 2019 s0618 Clerk