Opinion
No. 136700.
October 3, 2008.
Court of Appeals No. 272652.
Summary Dispositions October 3, 2008.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals and we reinstate the August 7, 2006, order of the Ingham Circuit Court. The Court of Appeals erred by holding that the circuit court lacked the inherent authority, as well as the authority under the consent judgment, the Michigan Rules of Court, and MCL 600.611, to dismiss with prejudice the dispute resolution proceeding initiated by plaintiff and to award defendant costs and attorney fees. The Court of Appeals further erred by disregarding the undisputed facts in the record that supported the circuit court's findings and by failing to accord the proper deference to the circuit court's determination that the plaintiff had invoked the circuit court's jurisdiction for an improper purpose and abused the dispute resolution process. Maldonado v Ford Motor Co, 476 Mich 372, 376 (2006). Court of Appeals No. 272652.
CAVANAGH and KELLY, JJ. We concur in the result.
I concur only with the decision to reverse the judgment of the Court of Appeals and reinstate the August 7, 2006, order of the Ingham Circuit Court.
In Maldonado v Ford Motor Co, 476 Mich 372, 426-435 (WEAVER, J., dissenting,), I disagreed with the majority opinion for the reasons stated in my dissent. Therefore, I find the citation to Maldonado in this order to be unnecessary.