Opinion
Docket No. 151715. COA No. 318894.
12-09-2015
MARKETPLACE OF ROCHESTER HILLS Richard H. Bernstein PARCEL B, LLC, Marketplace of Joan L. Larsen, Rochester Hills Parcel C, LLC, Marketplace of Rochester Hills Parcel D, LLC, and Marketplace of Rochester Hills Parcel G, LLC, Plaintiffs–Appellants, v. COMERICA BANK, Defendant–Appellee.
Order
On order of the Court, the application for leave to appeal the March 17, 2015 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE those parts of the Court of Appeals judgment stating that the same transaction test for compulsory joinder and res judicata is “if the same facts or evidence are essential to the maintenance of the two actions” and whether the two claims “concern identical evidence or essential facts.” The proper test is “ ‘whether the facts are related in time, space, origin or motivation, [and] whether they form a convenient trial unit....’ ” Adair v. Michigan, 470 Mich. 105, 125, 680 N.W.2d 386 (2004), quoting 46 Am Jur 2d, Judgments § 533, p. 801. When the same transaction test is properly applied to this case, the result reached by the Court of Appeals is correct. In all other respects, leave to appeal is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.
BERNSTEIN, J., not participating due to a familial relationship with one of the named guarantors in this case.