Bank of America, N.A. v. Skyline Contractors, Inc.

E.D. Michigan

Bank of America, N.A. v. Skyline Contractors, Inc.

DecidedOctober 25, 2023

Docket4:13-cv-10573

StatusUnknown

This text of Bank of America, N.A. v. Skyline Contractors, Inc. (Bank of America, N.A. v. Skyline Contractors, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bank of America, N.A. v. Skyline Contractors, Inc., (E.D. Mich. 2023).

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

BANK OF AMERICA, N.A., 4:13-CV-10573-TGB-RSW Plaintiff, vs. ORDER GRANTING MOTION FOR ENTRY OF RENEWED SKYLINE CONTRACTORS, INC. JUDGMENT (ECF NO. 108) and ROBERTO DESANTIS,

Defendants. Plaintiff Bank of America seeks to renew a $1,551,458.61 judgment that it obtained against Defendants Skyline Contractors and Roberto DeSantis on October 15, 2013. There is no specific federal statute of limitations governing the period during which a federal judgment is effective. Fed. R. Civ. P. 69; see also In re Fifarek, 370 B.R. 754, 758 (W.D. Mich. June 20, 2007). Accordingly, federal courts look to state practices and procedures. Consol. Rail Corp. v. Yashinsky, 170 F.3d 591, 594-95 (6th Cir. 1999). With some exceptions not relevant here, Michigan law establishes a ten-year limitations period on the enforcement of judgments. MCL § 600.5809(3). A party can extend this period by filing renewal actions to enforce the judgment, so long as the renewal actions are initiated within ten years “of the rendition of the judgment or decree.” Id.; see also MCL § 600.2903 (providing that “[a]ny judgment in tort … of record in any court of record in this state may be sued on and renewed, within the time

and as provided by law”). Plaintiff Bank of America’s motion was filed within the ten-year limitations period and complies with the applicable rules. Accordingly, the motion (ECF No. 108) will be GRANTED, and a renewed judgment in the amount of $1,551,458.61 will enter in its favor. SO ORDERED this 25th day of October, 2023.

BY THE COURT:

/s/Terrence G. Berg TERRENCE G. BERG United States District Judge

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

BANK OF AMERICA, N.A., 4:13-CV-10573-TGB-RSW Plaintiff, vs. ORDER GRANTING MOTION FOR ENTRY OF RENEWED SKYLINE CONTRACTORS, INC. JUDGMENT (ECF NO. 108) and ROBERTO DESANTIS,

Defendants. Plaintiff Bank of America seeks to renew a $1,551,458.61 judgment that it obtained against Defendants Skyline Contractors and Roberto DeSantis on October 15, 2013. There is no specific federal statute of limitations governing the period during which a federal judgment is effective. Fed. R. Civ. P. 69; see also In re Fifarek, 370 B.R. 754, 758 (W.D. Mich. June 20, 2007). Accordingly, federal courts look to state practices and procedures. Consol. Rail Corp. v. Yashinsky, 170 F.3d 591, 594-95 (6th Cir. 1999). With some exceptions not relevant here, Michigan law establishes a ten-year limitations period on the enforcement of judgments. MCL § 600.5809(3). A party can extend this period by filing renewal actions to enforce the judgment, so long as the renewal actions are initiated within ten years “of the rendition of the judgment or decree.” Id.; see also MCL § 600.2903 (providing that “[a]ny judgment in tort … of record in any court of record in this state may be sued on and renewed, within the time

and as provided by law”). Plaintiff Bank of America’s motion was filed within the ten-year limitations period and complies with the applicable rules. Accordingly, the motion (ECF No. 108) will be GRANTED, and a renewed judgment in the amount of $1,551,458.61 will enter in its favor. SO ORDERED this 25th day of October, 2023.

BY THE COURT:

/s/Terrence G. Berg TERRENCE G. BERG United States District Judge

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Bank of America, N.A. v. Skyline Contractors, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-america-na-v-skyline-contractors-inc-mied-2023.

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