(DOWNLOAD) "Eunice Davis v. City Detroit" by Supreme Court of Michigan " eBook PDF Kindle ePub Free
eBook details
- Title: Eunice Davis v. City Detroit
- Author : Supreme Court of Michigan
- Release Date : January 16, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
On order of the Court, the application for leave to appeal is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE the Court of Appeals judgment and REMAND the case to the Court of Appeals. The Court of Appeals erred by holding that the plaintiff's motion to amend her complaint ""was properly denied because plaintiff's motion to amend her barred by the statute of limitations."" The plaintiff's amendment was not barred by the statute of limitations because it ""arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading"" and, consequently, ""related back to the date of the original pleading."" LaBar v. Cooper, 376 Mich 401 (1965); GCR 1963, 118.4. On remand the Court of Appeals shall reconsider the plaintiff's claim that the trial court improperly denied her motion to amend her complaint. We do not retain judgment.
 "Eunice Davis v. City Detroit" by Supreme Court of Michigan " eBook PDF Kindle ePub Free){kind=link}