June 2, 1999.
In lieu of granting leave to appeal, the Court of Appeals order dismissing the defendant's application for leave to appeal for lack of jurisdiction is vacated. MCR 7.302(F)(1). On the face of the papers filed by the defendant, it appeared that the application was filed more than twelve months after the order being appealed. However, in the unusual circumstances of this case, the application should be treated as timely in view of the Court of Appeals' order of July 30, 1997, in Docket No. 198634, remanding to the trial court for a statement of reasons for the November 18, 1996, decision, and the trial court's entry of an order doing so on January 20, 1998. The case is remanded to the Court of Appeals, which is to reconsider the application, including review of the substantive issues raised. The circumstances of the case show that the "good cause" requirement of MCR 6.508(D)(2)(a) is met. Jurisdiction is not retained. Court of Appeals No. 209895.
Leave to Appeal Granted June 2, 1999: