Opinion
Case No. 07-14580, Bankr. Case No. 07-54154, Adversary Proc. No. 07-6575.
May 6, 2008
Approved as to form: s/Stephen D. Winter, winter, plc, Ferndale, MI.
s/ with consent of Ted Peters, Sullivan Ward Asher Patton PC, Southfield, MI.
s/ with consent of Cheryl A. Bush, Bush Seyferth Kethledge and Paige, Troy, MI.
Skyline Concrete Floor Corp. ("Skyline") having filed an action to foreclose a construction lien recorded on property owned by 901, llc ("901), 901 having filed a claim for slander of title based upon that lien, the jury having returned a verdict in favor of 901 on its slander of title claim, finding that Skyline's lien was false and malicious, and said findings being res judicata on the invalidity of Skyline's lien, and the Court being fully advised in the premises, and good cause appearing for entry of an Order granting judgment as a matter of law in favor of 901 on Skyline's action to foreclose construction lien:
NOW, THEREFORE, IT IS HEREBY ORDERED that JUDGMENT as a matter of law shall be and the same is hereby GRANTED for 901, llc and against Skyline Concrete Floor Corp. on Skyline's action to foreclose construction lien, and that Skyline shall take nothing on said action, which shall be dismissed with prejudice; and
IT IS FURTHER ORDERED that Skyline's claim of lien shall be deemed to be fully released, discharged, and held for naught, said lien having heretofore been recorded at Liber 37851, Page 97, Oakland County Records, on the following described property, to-wit: 901 Livernois, in the City of Ferndale, Oakland County, State of Michigan, and more particularly described as the west 67.53 feet front by the west 62.85 feet rear, Lot 55 of Maple Ridge Subdivision, according to the Plat thereof recorded in Liber 11 of Plats, Page 31, Oakland County Records; and
IT IS FURTHER ORDERED that the Oakland County Register of Deeds shall immediately record a copy of this Order releasing and discharging said lien.