Opinion
354776
02-17-2022
Peter J Zirnhelt v. Nicole McCall
LC No. 2020-035197-CZ
Mark J. Cavanagh Presiding Judge, Kathleen Jansen, Michael J. Riordan Judges.
ORDER
Mark J. Cavanagh Presiding Judge.
The Court, on its own motion, ORDERS that counsel for plaintiff, Jonathan R. Moothart, is directed to pay $200, within 28 days of the clerk's certification of this order, as an appropriate sanction, to this Court for his conduct during oral argument on February 9, 2022. MCR 7.216(C). During oral argument, Mr. Moothart repeatedly asserted that Paul Wiley, the president of the tree removal service company, testified that he told plaintiff that the quote would remain open past 15 days until the 2018 association meeting took place. Mr. Moothart could not provide a page number of Wiley's deposition to which he was referring. Upon reexamination of the record by the Court, it was clear that Wiley testified several times that no such conversation ever took place, and Mr. Moothart was misrepresenting the record. Thus, Mr. Moothart violated MRPC 3.3(a)(1), which provides that a lawyer shall not knowingly "make a false statement of material fact or law to a tribunal." Accordingly, we admonish counsel for his conduct and determine that sanctions are warranted for his misrepresentations. MCL 600.1701(a), (c); MCL 600.1711(1); MCL 600.1715.