purpose of the court rule (Michigan) · Go Syfert
← Michigan issues

purpose of the court rule in Michigan

12 Michigan opinions name it 2 courts 1981–2023 4 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Acorn Investment Co v. Michigan Basic Property Insurance Assngreen
mich · 2014 · cited in 1 Michigan opinions naming this issue, 2022–2022
1 sentence

2022But this argument from plaintiffs ignores the plain language of the court rule, which only requires that “[a]nother action has been initiated . . . .” MCR 2.116(C)(6); see also Acorn Investment Co v Mich Basic Prop Ins Ass’n, 495 Mich 338, 350 ; 852 NW2d 22 (2014) (“[W]hen the language of the rule is unambiguous, it must be enforced as written.”).

11
Adams Outdoor Advertising, Inc v. Canton Charter Townshipgreen
michctapp · 2006 · cited in 1 Michigan opinions naming this issue, 2009–2009
2 sentences

2009See Adams Outdoor Advertising, Inc v Canton Charter Twp, 269 Mich App 365, 371 ; 711 NW2d 391 (2006).

2009See Adams Outdoor Advertising, Inc v Canton Charter Twp, 269 Mich App 365, 371 ; 711 NW2d 391 (2006).

11
Department of Transportation v. Dylgreen
michctapp · 1989 · cited in 1 Michigan opinions naming this issue, 1998–1998
2 sentences

1998In Dep’t of Transportation v Dyl, supra at 38-39, the Court of Appeals opined that the purpose of the court rule in motivating parties to settle would be negated unless a separate and additional attorney fee award could be recovered.

1998Second, however, duplicative recovery was not intended in this case, as is noted below. [11] In Dep't of Transportation v. Dyl, supra at 38-39, 441 N.W.2d 18 , the Court of Appeals opined that the purpose of the court rule in motivating parties to settle would be negated unless a separate and additional attorney fee award could be recovered.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Vyletel-Rivard v. Rivard green
michctapp · 2009
2 sentences

2023“If judicial construction is required, this Court must adopt a construction that best accomplishes the purpose of the court rule.” Rivard, 286 Mich App at 22 .

2013While the Court may consider a variety of factors, it should always use common sense.” Vyletel-Rivard v Rivard, 286 Mich App 13, 22 ; 777 NW2d 722 (2009) (citations omitted).

22013–2023
African Methodist Episcopal Church v. Shoulders green
michctapp · 1972
2 sentences

2021The purpose of the court rule “is to protect defendant[s] from the abusive practice of dismissal after much time and effort has been put into a lawsuit[.]” Id. (discussing a prior version of MCR 2.504(A)(2)).

2021The purpose of the court rule “is to protect defendant[s] from the abusive practice of dismissal after much time and effort has been put into a lawsuit[.]” Id. (discussing a prior version of MCR 2.504(A)(2)).

22021–2021
Linden v. Citizens Insurance Company of America neutral
michctapp · 2014
1 sentence

2023“Every word of the [rule] is presumed to have some meaning, so courts should avoid any construction that would render any part of the [rule] surplusage or nugatory.” Linden v Citizens Ins Co of America, 308 Mich App 89, 93 ; 862 NW2d 438 (2014).

12023–2023
Smith v. Henry Ford Hospital green
michctapp · 1997
1 sentence

1997Id. *434 c Defendant argues that the term “verdict” as defined in both MCR 2.403(O)(2) and MCR 2.405(A)(4) excludes modifications to the verdict such as the trebling of damages.

11997–1997
Larson v. Auto-Owners Insurance green
michctapp · 1992
1 sentence

1997Larson, supra at 332 .

11997–1997
People v. Oliver green
michctapp · 1981
2 sentences

1987People v Oliver, 111 Mich App 734, 758 ; 314 NW2d 740 (1981), lv den 414 Mich 970 (1982).

1987People v Oliver, 111 Mich App 734, 758 ; 314 NW2d 740 (1981), lv den 414 Mich 970 (1982).

11987–1987
Maljak v. Murphy green
mich · 1971
2 sentences

1982Appellant draws this Court’s attention to the cases of Maljak v Murphy, 385 Mich 210 ; 188 NW2d 539 (1971), where an attorney received a large fee immediately prior to the suicide of his client, a defendant in a murder trial, where the court found unjust enrichment and found valid an order directing the attorney to return part of the fee, Haskins v Bell, *606 373 Mich 389 ; 129 NW2d 390 (1964), where the Court found that an attorney had retained award checks of clients in a fee dispute for a number of years and deemed the practice "inexcusable conduct”, and Merrill v Grant, 344 Mich 1 ; 73 NW2

1982Appellant draws this Court’s attention to the cases of Maljak v Murphy, 385 Mich 210 ; 188 NW2d 539 (1971), where an attorney received a large fee immediately prior to the suicide of his client, a defendant in a murder trial, where the court found unjust enrichment and found valid an order directing the attorney to return part of the fee, Haskins v Bell, *606 373 Mich 389 ; 129 NW2d 390 (1964), where the Court found that an attorney had retained award checks of clients in a fee dispute for a number of years and deemed the practice "inexcusable conduct”, and Merrill v Grant, 344 Mich 1 ; 73 NW2

11982–1982
Haskins v. Bell neutral
mich · 1964
2 sentences

1982Appellant draws this Court’s attention to the cases of Maljak v Murphy, 385 Mich 210 ; 188 NW2d 539 (1971), where an attorney received a large fee immediately prior to the suicide of his client, a defendant in a murder trial, where the court found unjust enrichment and found valid an order directing the attorney to return part of the fee, Haskins v Bell, *606 373 Mich 389 ; 129 NW2d 390 (1964), where the Court found that an attorney had retained award checks of clients in a fee dispute for a number of years and deemed the practice "inexcusable conduct”, and Merrill v Grant, 344 Mich 1 ; 73 NW2

1982Appellant draws this Court’s attention to the cases of Maljak v Murphy, 385 Mich 210 ; 188 NW2d 539 (1971), where an attorney received a large fee immediately prior to the suicide of his client, a defendant in a murder trial, where the court found unjust enrichment and found valid an order directing the attorney to return part of the fee, Haskins v Bell, *606 373 Mich 389 ; 129 NW2d 390 (1964), where the Court found that an attorney had retained award checks of clients in a fee dispute for a number of years and deemed the practice "inexcusable conduct”, and Merrill v Grant, 344 Mich 1 ; 73 NW2

11982–1982
Merrill v. Grant neutral
mich · 1955
2 sentences

1982Appellant draws this Court’s attention to the cases of Maljak v Murphy, 385 Mich 210 ; 188 NW2d 539 (1971), where an attorney received a large fee immediately prior to the suicide of his client, a defendant in a murder trial, where the court found unjust enrichment and found valid an order directing the attorney to return part of the fee, Haskins v Bell, *606 373 Mich 389 ; 129 NW2d 390 (1964), where the Court found that an attorney had retained award checks of clients in a fee dispute for a number of years and deemed the practice "inexcusable conduct”, and Merrill v Grant, 344 Mich 1 ; 73 NW2

1982Appellant draws this Court’s attention to the cases of Maljak v Murphy, 385 Mich 210 ; 188 NW2d 539 (1971), where an attorney received a large fee immediately prior to the suicide of his client, a defendant in a murder trial, where the court found unjust enrichment and found valid an order directing the attorney to return part of the fee, Haskins v Bell, *606 373 Mich 389 ; 129 NW2d 390 (1964), where the Court found that an attorney had retained award checks of clients in a fee dispute for a number of years and deemed the practice "inexcusable conduct”, and Merrill v Grant, 344 Mich 1 ; 73 NW2

11982–1982
In Re Guilty Plea Cases green
mich · 1975
2 sentences

1981Guilty Plea Cases, 395 Mich 96 ; 235 NW2d 132 (1975).

1981Guilty Plea Cases, 395 Mich 96 ; 235 NW2d 132 (1975).

11981–1981

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 600.2591 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MI 12 (1981–2023) CA 2 (1988–1988)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check