More information on what the Michigan Court of Appeals did last week. It appears that according to the state's court rules, the Court of Appeals lacked the jurisdiction to overturn itself on its own motion once it remanded the case to the trial court. It would also appear that even if it had the jurisdiction to act on its own accord that the Court of Appeals was obligated to consider the new trial court record that had been created upon remand. (If it had, the court would have plainly seen that what it said we had to do we had already done, therefore there would be no point in reversing itself.)
We also now know this action by the Court of Appeals is strange. No one we have consulted has ever heard of the court doing such a thing. So why it did what it did remains a mystery.