Topic: this court may overlook preservation requirements if the fa… · Go Syfert
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Topic #5693

6 canonical passages across 4 cases, quoted by 60 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Smith v. Foerster-Bolser Construction, Inc.

#Case FlagCanonical passage Citers
1 Smith v. Foerster-Bolser Construction, Inc Anchor
michctapp · 2006
green “this court may overlook preservation requirements if the failure to consider the issue would result in manifest injustice, if consideration is necessary for a proper determination of the case, or if the issue involves a question of law and the facts necessary for its resolution …” 17
2 Hines v. Volkswagen of America, Inc
michctapp · 2005
green “generally, an issue is not properly preserved if it is not raised before, and addressed and decided by, the trial court.” 15
3 Walters v. Nadell
mich · 2008
green “a failure to timely raise an issue waives review of that issue on appeal.” 12
4 Smith v. Foerster-Bolser Construction, Inc
michctapp · 2006
green “if the failure to consider the issue would result in manifest injustice, if consideration is necessary for a proper determination of the case, or if the issue involves a question of law and the facts necessary for its resolution have been presented.” 7
5 Smith v. Foerster-Bolser Construction, Inc
michctapp · 2006
green “may overlook preservation requirements if the failure to consider the issue would result in manifest injustice, if consideration is necessary for a proper determination of the case, or if the issue involves a question of law and the facts necessary for its resolution have been p…” 6
6 Mills v. White Castle Systems, Inc
michctapp · 1993
green “we believe that the trial court had the opportunity to consider the issue and that it was sufficiently preserved for review.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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