On order of the Court, the application for leave to appeal the November 14, 2017 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration of the issue raised by the defendants but not addressed by that court during its initial review of this case regarding Timothy M. Jodways recoupment defense. In its analysis, the Court of Appeals held that the defendants are not barred under the doctrine of res judicata from asserting a defense of recoupment premised on plaintiffs alleged violation of the Equal Credit Opportunity Act, 15 USC 1691 et seq. (ECOA). Having reached this determination, the Court of Appeals vacated the portion of the trial courts award to the extent that it dismissed defendant Alaina M. Zanke-Jodways recoupment defense as a spouse-guarantor, and remand for further proceedings on that issue. The Court of Appeals did not, however, specifically consider the recoupment defense of Timothy M. Jodway. On remand, the Court of Appeals shall: (1) clarify whether the trial court incorrectly determined that the doctrine of res judicata bars Timothy M. Jodways recoupment defense, and (2) if res judicata does not apply, determine whether to vacate that portion of the trial courts award dismissing Timothy M. Jodways recoupment defense and to remand for further proceedings.
We do not retain jurisdiction.