Association motion in Michigan

2018With respect to MCR 2.116(C)(10) and the documentary evidence, we initially note that plaintiffs attached excerpts from deposition transcripts to their response to the Association’s motion for summary disposition, and the excerpts appear to reflect a tiny portion of the full transcripts or depositions, making it difficult for us to ascertain proper context at times.9 8 In Fultz, 470 Mich at 469-470 , our Supreme Court held: To summarize, if defendant fails or refuses to perform a promise, the action is in contract.

2018With respect to MCR 2.116(C)(10) and the documentary evidence, we initially note that plaintiffs attached excerpts from deposition transcripts to their response to the Association’s motion for summary disposition, and the excerpts appear to reflect a tiny portion of the full transcripts or depositions, making it difficult for us to ascertain proper context at times.9 8 In Fultz, 470 Mich at 469-470 , our Supreme Court held: To summarize, if defendant fails or refuses to perform a promise, the action is in contract.

2017Maiden v Rozwood, 461 Mich 109, 118-120 ; 597 NW2d 817 (1999).

2017Maiden v Rozwood, 461 Mich 109, 118-120 ; 597 NW2d 817 (1999).

2022Id.

2022Because the Association established a palpable error that affected the outcome, see Luckow Estate, 291 Mich App at 426 , the trial court did not abuse its discretion when it granted the Association’s motion for reconsideration, see Auto-Owners, 326 Mich App at 607 .

2022Because the Association established a palpable error that affected the outcome, see Luckow Estate, 291 Mich App at 426 , the trial court did not abuse its discretion when it granted the Association’s motion for reconsideration, see Auto-Owners, 326 Mich App at 607 .

2022Because the Association established a palpable error that affected the outcome, see Luckow Estate, 291 Mich App at 426 , the trial court did not abuse its discretion when it granted the Association’s motion for reconsideration, see Auto-Owners, 326 Mich App at 607 .

2022Because the Association established a palpable error that affected the outcome, see Luckow Estate, 291 Mich App at 426 , the trial court did not abuse its discretion when it granted the Association’s motion for reconsideration, see Auto-Owners, 326 Mich App at 607 .

2020“Where a motion for summary disposition is brought under both MCR 2.116(C)(8) and (C)(10), but the parties and the trial court relied on matters outside the pleadings, as is the case here, MCR 2.116(C)(10) is the appropriate basis for review.” Silberstein v Pro-Golf of America, Inc, 278 Mich App 446, 457 ; 750 NW2d 615 (2008).

2020“Where a motion for summary disposition is brought under both MCR 2.116(C)(8) and (C)(10), but the parties and the trial court relied on matters outside the pleadings, as is the case here, MCR 2.116(C)(10) is the appropriate basis for review.” Silberstein v Pro-Golf of America, Inc, 278 Mich App 446, 457 ; 750 NW2d 615 (2008).

2020With that said, we also recognize that granting summary disposition prior to the close of discovery, when the case turns on factual issues not yet settled, is only appropriate when there “is no reasonable chance that further discovery will result in factual support for the nonmoving party.” Colista v Thomas, 241 Mich App 529, 538 ; 616 NW2d 249 (2000).

2020With that said, we also recognize that granting summary disposition prior to the close of discovery, when the case turns on factual issues not yet settled, is only appropriate when there “is no reasonable chance that further discovery will result in factual support for the nonmoving party.” Colista v Thomas, 241 Mich App 529, 538 ; 616 NW2d 249 (2000).

2009The member shall also advise the association of subsequent developments likely to materially affect the interest of the association in the claim. [Emphasis added.] Devillers, supra at 589 .