UNPUBLISHED PER CURIAM . Plaintiff, Federated Financial Corporation of America, formerly known as Federated Capital Corporation, appeals as of right the May 21, 2018 order of the Court of Claims denying plaintiff's motion for summary disposition, and granting summary disposition under MCR 2.116(C)(7) and (C)(10) in favor of defendant, the Department of Treasury. We reverse, and remand for further proceedings consistent with this opinion. I. RELEVANT FACTUAL BACKGROUND Plaintiff, a...
UNPUBLISHED PER CURIAM . In this dispute over attorney fees, plaintiff, Steven Wilen, appeals as of right the trial court's order granting summary disposition to defendant, the Law Firm of John F. Schaefer, pursuant to MCR 2.116(C)(10) (no genuine issue of material fact; movant entitled to judgment as a matter of law). Plaintiff argues on appeal that the trial court erred by making factual findings in favor of defendant and by granting summary disposition before the parties had engaged in...
UNPUBLISHED PER CURIAM . In this no-fault insurance dispute, GEICO Indemnity Company appeals as of right an order granting summary disposition in favor of Farmers Insurance Exchange. We reverse and remand for entry of an order granting summary disposition in favor of GEICO. I. BACKGROUND Yolanda Yvette Nichols was operating a 1993 Chevrolet Lumina on August 23, 2014, when she struck a pedestrian, Beth Bracy. Having sustained severe injuries in the accident, Bracy filed an application for...
UNPUBLISHED PER CURIAM . These consolidated appeals arise out of postjudgment proceedings in the parties' divorce action, which dissolved their marriage of more than 50 years. In Docket No. 344423, plaintiff, Clementine Joseff, appeals as of right the trial court's order holding her in contempt and awarding defendant, Arnold F. Joseff, sanctions including costs, attorney fees, and moving expenses. In Docket No. 345209, plaintiff appeals as of right the trial court's order that, in pertinent...
UNPUBLISHED PER CURIAM . Charles Kunta Lewis, Jr., appeals as of right the February 15, 2017 sentences imposed for his convictions by a jury in 2012 of first-degree felony murder, MCL 750.316(1)(b); first-degree home invasion, MCL 750.110a(2); conspiracy to commit first-degree home invasion, MCL 750.110a(2) and MCL 750.157a(a); assault with intent to rob while armed, MCL 750.89; conspiracy to commit assault with intent to rob while armed, MCL 750.89 and MCL 750.157a(a); and possession of a...
UNPUBLISHED PER CURIAM . The trial court granted defendant's motions for directed verdict and case evaluation sanctions. Plaintiff appeals by right, and we affirm. Plaintiff sued his former son-in-law, defendant, alleging identity theft, conversion, and embezzlement. Plaintiff asserted that defendant had fraudulently falsified loan and financial documents using plaintiff's personal information. 1 A jury trial was commenced on the civil action, but the case never made it to the jury for...
UNPUBLISHED PER CURIAM . This appeal stems from defendant's resentencing pursuant to Miller v Alabama, 567 U.S. 460; 132 S.Ct. 2455 ; 183 L Ed 2d 407 (2012), and Montgomery v Louisiana, ___ US ___; 136 S.Ct. 718 ; 193 L Ed 2d 599 (2016). For the reasons set forth in this opinion, we affirm. I. BACKGROUND In 1987, defendant was convicted of first-degree murder, MCL 750.316; assault with intent to commit murder (AWIM), MCL 750.83; kidnapping, MCL 750.349; and possession of a firearm...
UNPUBLISHED PER CURIAM . The prosecution appeals by leave granted the trial court's order granting defendant's MCR 6.500 motion for relief from judgment. Defendant cross-appeals the same order. In August 1980, defendant pled guilty to second-degree murder, MCL 750.317, for a crime he committed as a juvenile, and the sentencing court sentenced him to life with the possibility of parole. As a result of defendant's 2017 motion for relief from judgment, the trial court held that this sentence...
UNPUBLISHED PER CURIAM . Plaintiffs, Sterling Benefits, LLC, Sterling Agency, Inc., Joseph Haney, and Paul Mattes (the Sterling plaintiffs), appeal by leave granted the order of the trial court granting the motion of defendant, Bosquett & Company (Bosquett), to set aside a default judgment. We vacate and remand. I. FACTS This case involves a default judgment entered against Bosquett in 2010. In 2006 and 2007, defendant Barry Paulsell 1 attempted to purchase a minority stake in Bosquett,...
UNPUBLISHED If this opinion indicates that it is "FOR PUBLICATION," it is subject to revision until final publication in the Michigan Appeals Reports. PER CURIAM . Plaintiff, John M. Schaubroeck, challenges the trial court's order denying his motion for summary disposition and granting a motion for summary disposition brought by defendants, Michigan State University (MSU) and the MSU Board of Trustees, under MCR 2.116(C)(10). For the reasons stated in this opinion, we affirm. I. BASIC...
Meter , J. Under the saving provision in MCL 600.5852(2), when the statute of limitations for a medical malpractice claim has otherwise lapsed, the personal representative of an estate is generally given two years "from the date letters of authority are issued" to bring a claim on behalf of the estate. In this case, we are called on to determine when letters of authority are "issued." Reviving the precedent temporarily set by Lentini v. Urbancic, 262 Mich.App. 552 , 555-559, 686 N.W.2d...
Swartzle , P.J. A jury convicted plaintiff Dennis Lee Tomasik of sexual assault, but following reversal by our Supreme Court, plaintiff received a new trial and was acquitted. Plaintiff sued the state of Michigan under the Wrongful Imprisonment Compensation Act, but the Court of Claims determined that he was not eligible for compensation because the Supreme Court's reversal was not based on new evidence. He challenges this holding, and thus we are faced with the question of whether...
UNPUBLISHED PER CURIAM . Defendant Detroit Land Bank Authority (DLBA) appeals by right the trial court's order denying in part its motion for summary disposition under MCR 2.116(C)(7) (governmental immunity) and (C)(10) (genuine issue of material fact). We reverse in part and remand for further proceedings. I. PERTINENT FACTS AND PROCEDURAL HISTORY Plaintiff had resided at 15745 Quincy in Detroit (the property), since the early 1960s. Despite plaintiff's belief that he had paid delinquent...
UNPUBLISHED PER CURIAM . In this suit seeking recovery of personal injury protection (PIP) benefits under the no-fault act, MCL 500.3101 et seq., plaintiffs Rehab R Us, LLC, and Wellness Transportation, LLC, appeal as of right an order granting defendant's motion for dismissal pursuant to MCR 2.116(C)(8) (failure to state a claim). We affirm, albeit on alternative grounds. I. BACKGROUND On April 8, 2013, George Marcos, who is not a party to this proceeding, was injured in a car accident....
UNPUBLISHED PER CURIAM . Defendants Stephen Busch, Patrick Cook, and Michael Prysby appeal as of right an order denying their motion for summary disposition premised on the ground that governmental immunity barred this class action lawsuit alleging gross negligence claims. We affirm. This case concerns what has commonly been referred to as the "Flint water crisis." In 2014, the City of Flint switched its water source from the City of Detroit water system to the Flint River. Corrosion-...
UNPUBLISHED PER CURIAM . In this dispute regarding a mortgage foreclosure, plaintiff Bayview Loan Servicing, LLC, as successor by assignment to Bank of America, N.A., appeals by right from an order granting summary disposition in favor of defendant Jeanette Powers under MCR 2.116(C)(10). We affirm. I. BACKGROUND In 1998, defendant purchased the residential property at issue with a loan that was secured by a mortgage later assigned to Bank of America. Defendant defaulted on the loan in...
UNPUBLISHED PER CURIAM . In this automobile negligence action, plaintiff Desmond Washington appeals the trial court's order granting defendants' summary disposition under MCR 2.116(C)(10). 1 The trial court found, as a matter of law, that plaintiff did not sustain a serious impairment of an important body function as a result of a motor-vehicle accident. Because there are material questions of fact concerning plaintiff's alleged injuries, we reverse the grant of summary disposition to...
UNPUBLISHED PER CURIAM . Plaintiff, a healthcare provider, appeals as of right an order granting defendant, a no-fault insurer, summary disposition in this no-fault insurance action. For the reasons stated in this opinion, we reverse and remand this matter to the trial court for further proceedings consistent with this opinion. I. BACKGROUND Plaintiff sued defendant to recover payment for services provided to one or more persons allegedly insured under defendant's no-fault insurance...
UNPUBLISHED PER CURIAM . Defendants appeal as of right the trial court's order, entered after remand from a prior panel of this Court, granting plaintiff's motion for summary disposition. We affirm. I. BACKGROUND The basic facts underlying this dispute were discussed at length in this Court's prior opinion in this matter. MRG Lake Villa, LLC v Arrowood Home Rentals, LLC, unpublished per curiam opinion of the Court of Appeals, issued January 24, 2017 (Docket Nos. 329053 and 329180) ( MRG...
UNPUBLISHED PER CURIAM . Defendants appeal by right a judgment confirming the arbitrator's award of exemplary damages in favor of plaintiffs in the amount of $4,969,463.94 and correcting the arbitrator's award by striking the portion that ordered plaintiffs to provide an accounting of assets in India. We affirm. I. BASIC FACTS AND PROCEDURAL HISTORY This appeal arises from a multimillion dollar dispute that has arisen among members of the Grewal family with respect to the family business,...
