CAM Construction v. Lake Edgewood Condominium Ass'n

640 N.W.2d 256, 465 Mich. 549, 2002 Mich. LEXIS 392
CourtMichigan Supreme Court
DecidedMarch 12, 2002
DocketDocket 116751
StatusPublished
Cited by123 cases

This text of 640 N.W.2d 256 (CAM Construction v. Lake Edgewood Condominium Ass'n) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
CAM Construction v. Lake Edgewood Condominium Ass'n, 640 N.W.2d 256, 465 Mich. 549, 2002 Mich. LEXIS 392 (Mich. 2002).

Opinions

Cavanagh, J.

We granted leave to consider whether a party may appeal an adverse summary disposition judgment on one count of a multicount action after accepting a case evaluation rendered under MCR 2.403. The plain language of MCR 2.403(M)(1) provides that a party’s acceptance of a case evaluation disposes of “all claims in the action.” We conclude, therefore, that, upon acceptance of a case evaluation under MCR 2.403, a party may not subsequently appeal an adverse summary disposition on one count in the action.

I. FACTS AND PROCEEDINGS

In August 1998, plaintiff CAM Construction filed a four-count complaint against defendant Lake Edgewood Condominium Association for damages [551]*551stemming from defendant’s failure to pay plaintiff for services rendered and breach of contract. In counts I, n, and in, plaintiff alleged that defendant owed $9,110 for services rendered pursuant to an agreement between the parties. In count rv, plaintiff alleged that defendant reneged on a separate contract, worth $183,450, by preventing plaintiff from performing roof construction work for defendant.

Defendant moved for summary disposition on count rv, claiming the contract was void under the statute of frauds. MCL 566.132(l)(a). The circuit court granted defendant’s motion in December 1998 and plaintiff did not appeal that decision.

The case was then submitted to case evaluation, for which both parties submitted mediation summaries.1 The summaries briefly referred to the dismissal of count rv2; however, the parties debate whether it was only the remaining counts the case evaluation panel discussed.3 The panel recommended defendant pay [552]*552plaintiff $5,400, which both parties accepted. Defendant then asked for an order dismissing the entire case with prejudice under MCR 2.403(M)(1), which states:

If all the parties accept the panel’s evaluation, judgment will be entered in accordance with the evaluation, unless the amount of the award is paid within 28 days after notification of the acceptances, in which case the court shall dismiss the action with prejudice. The judgment or dismissal shall be deemed to dispose of all claims in the action and includes all fees, costs, and interest to the date it is entered.

Plaintiff responded that it had reserved its right to appeal the summary disposition on count IV. Arguing that the case evaluation summaries had focused on the claims in counts i-ni, plaintiff asserted that the $5,400 case evaluation award covered only that portion of the case.

The circuit court agreed with plaintiff and ordered the parties to:

Craft a judgment here that preserves the appellate issue on the issue that I decided and otherwise dismisses the case and shows this to be a final order in the-the final order in this case.[4]

[553]*553Plaintiff, thereafter, appealed the summary disposition on count rv.

The Court of Appeals dismissed the appeal in the following order:

[T]he claim of appeal is dismissed because appellant is not an aggrieved party. Under Reddam v Consumer Mortgage Corp, 182 Mich App 754; 452 NW2d 908 (1990), a party cannot appeal an earlier order entered after a subsequent acceptance of the mediation award.[5]

Plaintiff applied to this Court for leave to appeal.

H. STANDARD OF REVIEW

We review de novo decisions on summary disposition motions. Sewell v Southfield Pub Schs, 456 Mich 670, 674; 576 NW2d 153 (1998). Similarly, interpretation of a court rule, like a matter of statutory interpretation, is a question of law that this Court reviews de novo. Marketos v American Employers Ins Co, 465 Mich 407, 413; 633 NW2d 371 (2001).

HI. ANALYSIS

Plaintiff contends that it can appeal an earlier partial summary disposition ruling where the parties have subsequently accepted a case evaluation award. [554]*554We reject plaintiffs contention because it is contrary to the plain language of MCR 2.403(M)(1).

In Grievance Administrator v Underwood, 462 Mich 188, 193-194; 612 NW2d 116 (2000), we articulated the proper mode of interpreting a court rule:

When called on to construe a court rule, this Court applies the legal principles that govern the construction and application of statutes. McAuley v General Motors Corp, 457 Mich 513, 518; 578 NW2d 282 (1998). Accordingly, we begin with the plain language of the court rule. When that language is unambiguous, we must enforce the meaning expressed, without further judicial construction or interpretation. See Tryc v Michigan Veterans’ Facility, 451 Mich 129, 135; 545 NW2d 642 (1996). Similarly, common words must be understood to have their everyday, plain meaning. See MCL 8.3a; see also Perez v Keeler Brass Co, 461 Mich 602, 609; 608 NW2d 45 (2000).

MCR 2.403(M)(1) provides that, upon both parties’ acceptance of a case evaluation, the judgment entered pursuant to that evaluation “shall be deemed to dispose of all claims in the action and includes all fees, costs, and interest . . . .” The plain meaning of the words at issue is as follows:

A “claim” is defined as:
1. The aggregate of operative facts giving rise to a right enforceable by a court.... 2. The assertion of an existing right; any right to payment or to an equitable remedy, even if contingent or provisional.... 3. A demand for money or property to which one asserts a right.... [Black’s Law Dictionary (7th ed).]
An “action” is defined as:
1. The process of doing something; conduct or behavior.
2. A thing done .... 3. A civil or criminal judicial proceeding. [Id.]

[555]*555Thus, according to the plain meaning of these words, a claim consists of facts giving rise to a right asserted in a judicial proceeding, which is an action. In other words, the action encompasses the claims asserted.

The language of MCR 2.403(M)(1) could not be more clear that accepting a case evaluation means that all claims in the action, even those summarily disposed, are dismissed.6 Thus, allowing bifurcation of the claims within such actions, as plaintiff suggests, would be directly contrary to the language of the rule. We, therefore, reject plaintiffs position because it is contrary to the court rule’s unambiguous language that upon the parties’ acceptance of a case evaluation all claims in the action be disposed.

Plaintiff cites numerous decisions of the Court of Appeals as supporting its position that it may except a claim from an action submitted to case evaluation under MCR 2.403. In Reddam, the Court of Appeals examined the former, less explicit version, of MCR 2.403,7 and explained that acceptance of a case evaluation is essentially a consent judgment, but that the parties may show they submitted less than all claims of an action to case evaluation.

[556]

Free access — add to your briefcase to read the full text and ask questions with AI

Related

20251118_C369648_48_369648.Opn.Pdf
Michigan Court of Appeals, 2025
Master Beat Inc v. Michael Skill
Michigan Court of Appeals, 2024
Anthony Allen v. Viola Allen
Michigan Court of Appeals, 2023
James M Perna v. Health One Credit Union
Michigan Court of Appeals, 2023
Lathfield Holdings LLC v. Dahl Real Estate LLC
Michigan Court of Appeals, 2023
Keith J Mitan v. Michael J Bouchard
Michigan Court of Appeals, 2023
D Keith J Mitan v. Michael J Bouchard
Michigan Court of Appeals, 2023
Karen Maybee v. Sheila Breckenridge
Michigan Court of Appeals, 2022
People of Michigan v. Robin Rick Manning
Michigan Supreme Court, 2020
Thomas Haan v. Lake Doster Lake Association
Michigan Court of Appeals, 2020
2727 Russell Street LLC v. Bert W Dearing Jr
Michigan Court of Appeals, 2019
North Shore Bank Fsb v. Sandra M Slade
Michigan Court of Appeals, 2019
Jaxon Olin v. Mercy Health Hackley Campus
Michigan Court of Appeals, 2019
Lloyd Howard v. Erika Christensen
Michigan Court of Appeals, 2018
Donald Ray Reid v. Thetford Township
Michigan Court of Appeals, 2017

Cite This Page — Counsel Stack

Bluebook (online)
640 N.W.2d 256, 465 Mich. 549, 2002 Mich. LEXIS 392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cam-construction-v-lake-edgewood-condominium-assn-mich-2002.