Opinion Date: 07/03/2013
Issues: Motion to enter a consent judgment; "Subject-matter jurisdiction"; Township of Elba v. Gratiot Cnty. Drain Comm'r; Addressing issues not raised by the parties on appeal; Mayberry v. General Orthopedics, PC; Bezeau v. Palace Sports & Entm't, Inc.; MCL 600.8301(1); Chapter 57 of the Revised Judicature Act (MCL 600.5701 et seq.); MCL 600.8302(1) and (3); Bruwer v. Oaks; Altman v. Nelson; In re Hatcher; Schafer v. Knuth; Dresselhouse v. Chrysler Corp.; Whether defendants could properly "collaterally attack" the entry of the agreed-upon judgment; Bowie v. Arder; Jackson City Bank & Trust v. Fredrick; Local No. 93 Int'l Ass'n of Firefighters, AFL-CIO CLC v. Cleveland; Goldberg v. Trustees of Elmwood Cemetery; Whether the defendants could harbor the alleged error as an "appellate parachute"; Whether plaintiff may enforce the consent judgment according to its terms; Zimmer v. Schindehette; Applicability of Brooks v. Mammo; MCL 600.5739(1); MCR 4.201(G)(2)(b)
Court: Michigan Supreme Court
Case Name: Clohset v. No Name Corp.
e-Journal Number: 55000
Judge(s): Young, Jr., Cavanagh, Markman, Kelly, Zahra, McCormack, and Viviano
In an order in lieu of granting leave to appeal, the court vacated the Court of Appeals' judgment in a published opinion (see e-Journal # 51646 in the 5/17/12 edition) and remanded the case to the Court of Appeals for reconsideration in light of MCL 600.5739(1) and MCR 4.201(G)(2)(b). The court denied the motion to append an additional exhibit or for peremptory reversal.
Full Text Opinion