Opinion
SC: 160597 COA: 344025
10-21-2020
Rodney WOODS, d/b/a Rodney Woods Builder, Plaintiff-Appellant, v. CITY OF SAGINAW, Defendant-Appellee.
Order
On order of the Court, the application for leave to appeal the October 15, 2019 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE that part of the Court of Appeals judgment holding that the trial court properly granted summary disposition of the plaintiff's quantum meruit claim under MCR 2.116(C)(8). The plaintiff's amended complaint and attached exhibits were legally sufficient to plead his claim that the defendant was unjustly enriched by extra-contractual work completed by the plaintiff. See El-Khalil v. Oakwood Healthcare, Inc. , 504 Mich. 152, 159-160, 934 N.W.2d 665 (2019) ; Wright v. Genesee County , 504 Mich. 410, 934 N.W.2d 805 (2019). Moreover, the Court of Appeals clearly erred by engaging in appellate fact-finding when it stated that the plaintiff had been "fairly compensated." We REMAND this case to the Court of Appeals for consideration of the plaintiff's arguments regarding the trial court's alternative ruling that granted summary disposition to the defendant under MCR 2.116(C)(10). The plaintiff's motion to disqualify the trial judge is DENIED, without prejudice to the plaintiff seeking such relief on remand. 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.