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The Gray Eagles, Inc v. Lucchesi

The Gray Eagles, Inc. v. Lucchesi, 212 N.W.2d 749 (Mich. Ct. App. 1973)
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Court
Michigan Court of Appeals · State Appellate Courts
Decided
September 27, 1973
Docket
No. 14938
Judges
R.B. Burns, P.J., and Quinn and O'Hara
Citations
212 N.W.2d 74950 Mich. App. 821973 Mich. App. LEXIS 887

Opinion

50 Mich. App. 82 (1973) 212 N.W.2d 749

THE GRAY EAGLES, INC

v.

LUCCHESI Docket No. 14938.

Michigan Court of Appeals.

Decided September 27, 1973.

Wisti & Jaaskelainen (by Phillip L. Kukkonen), for plaintiff.

McLean & McCarthy, for defendant.

Before: R.B. BURNS, P.J., and QUINN and O'HARA, [*] JJ.

PER CURIAM.

This case has been previously appealed *83 to this Court, The Gray Eagles, Inc v Lucchesi, 37 Mich App 322 ; 194 NW2d 373 (1971). The case was ordered, "Reversed and remanded for trial as to plaintiff's bailment theory of strict liability". [1] On retrial, the trial court ordered the trial limited to plaintiff's bailment theory of strict liability. Plaintiff's took this interlocutory appeal contending the reversal and remand was for a complete new trial, including plaintiff's negligence theory.

This is a recurring problem. It should be laid to rest. When an appellate court specifies the limits of a new trial as it did in this case, the trial court is proscribed from exceeding those specified limits.

The trial judge was correct. We affirm. Costs to the defendant.

NOTES

[*] Former Supreme Court Justice, sitting on the Court of Appeals by assignment pursuant to Const 1963, art 6, § 23 as amended in 1968.

[1] The Gray Eagles, Inc v Lucchesi, 37 Mich App 322, 324 ; 194 NW2d 373, 374 (1971).

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1986: 11989: 119862026peak 1986 · 1

Relies on it most ⓘ

  1. Toska v. Campbell400 N.W.2d 617 (Mich. Ct. App. 1986)
  2. Universal Underwriters Insurance v. Vallejo446 N.W.2d 510 (Mich. Ct. App. 1989)

Most recent

  1. Universal Underwriters Insurance v. Vallejo446 N.W.2d 510 (Mich. Ct. App. 1989)
  2. Toska v. Campbell400 N.W.2d 617 (Mich. Ct. App. 1986)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
The GRAY EAGLES, INC. v. Lucchesi, 194 N.W.2d 373 (Mich. Ct. App. 1971) 4

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