Summary
noting that it is not proper for this Court to make factual findings after rejection of the trial court's incorrect legal premise when the lower court did not have an opportunity to make its own findings absent the legal error
Summary of this case from Gentris v. State Farm Mut. Auto. Ins. Co.Opinion
Docket No. 144118.COA No. 298507.
2012-03-28
Prior report: Mich.App., 2011 WL 4467751.
Order
On order of the Court, the application for leave to appeal the September 27, 2011 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals judgment finding evidence of a traffic violation for failing to signal a lane change, and we REMAND this case to the Monroe Circuit Court for further findings of fact relative to whether the failure to signal a lane change independently justified the traffic stop. Where the trial court failed to make factual findings that are important to the resolution of the legal issue, the Court of Appeals should have remanded the case to the trial court to make those findings instead of making factual determinations based on the lack of contrary findings by the trial court. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.
We do not retain jurisdiction.