Hoekstra v. Bose

655 N.W.2d 298, 253 Mich. App. 460
CourtMichigan Court of Appeals
DecidedOctober 18, 2002
DocketDocket No. 226838
StatusPublished

This text of 655 N.W.2d 298 (Hoekstra v. Bose) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hoekstra v. Bose, 655 N.W.2d 298, 253 Mich. App. 460 (Mich. Ct. App. 2002).

Opinion

Per Curiam.

Plaintiff appeals as of right the trial court’s order granting defendant’s motion for summary disposition and dismissing the case with prejudice. We reverse.

On June 25, 1994, plaintiff and defendant were involved in an automobile accident in Calhoun County. At that time, defendant was a licensed driver in the state of Illinois, and he presented to the police officer investigating the accident an Illinois driver’s license that indicated that he resided in Wheeling, Illinois. On June 13, 1996, plaintiff filed suit in Illinois against defendant. According to plaintiff, he chose to file in Illinois to facilitate consolidating his claim against defendant with a claim he had arising from a second automobile accident that had occurred in Illinois; plaintiff feared otherwise the outcomes of two separate suits would not be consistent. Defendant wrote a letter to the clerk of the Illinois court, stating that he had been served, but asserting that he did not live in Illinois and had “no idea” where the address had come from. At first, the Illinois court denied defendant’s motion to quash service, finding that there were sufficient minimum contacts to establish personal jurisdiction over defendant. Later, the Illinois trial court granted defendant’s motion for reconsideration and dismissed the case against defendant, finding that the court lacked personal jurisdiction. On December 29, 1998, that decision was affirmed on [462]*462appeal. Hoekstra v Bose, 302 Ill App 3d 704; 707 NE2d 185 (1998).

On April 14, 1999, plaintiff filed the present suit. Defendant moved for summary disposition pursuant to MCR 2.116(C)(8) and (10), arguing that plaintiffs claim was time-barred because it was filed beyond the three-year limitation period. MCL 600.5805(8).1 In response, plaintiff argued that the period of limitation was tolled at the time the complaint was filed in Illinois and was served on defendant. MCL 600.5856(a). The trial court granted defendant’s motion, finding that the period of limitation was not tolled because the Illinois court never acquired personal jurisdiction over defendant.

We review de novo a trial court’s decision on a motion for summary disposition. Harrison v Olde Financial Corp, 225 Mich App 601, 605; 572 NW2d 679 (1997). When interpreting a statute, the goal of this Court is to ascertain and effectuate the Legislature’s intent. Morrison v Dickinson, 217 Mich App 308, 315; 551 NW2d 449 (1996). “The Legislature is presumed to have intended the meaning it plainly expressed.” Id. If the language of the statute is clear and unambiguous, judicial construction is not permitted. Frankenmuth Mut Ins Co v Marlette Homes, Inc, 456 Mich 511, 515, 517-518; 573 NW2d 611 (1998); Sun Valley Foods Co v Ward, 460 Mich 230, 236; 596 NW2d 119 (1999).

MCL 600.5856 provides as follows:

[463]*463The statutes of limitations or repose are tolled:
(a) At the time the complaint is filed and a copy of the summons and complaint are served on the defendant.
(b) At the time jurisdiction over the defendant is otherwise acquired.
(c) At the time the complaint is filed and a copy of the summons and complaint in good faith are placed in the hands of an officer for immediate service, but in this case the statute is not tolled longer than 90 days after the copy of the summons and complaint is received by the officer.
(d) If, during the applicable notice period under [MCL 600.2912b], a claim would be barred by the statute of limitations or repose, for not longer than a number of days equal to the number of days in the applicable notice period after the date notice is given in compliance with [MCL 600.2912b].

We find nothing in MCL 600.5856(a) requiring the court to exercise personal jurisdiction over the defendant. According to the plain language of the Legislature, under subsection a, only proper filing and service of the complaint and summons are required to commence tolling. Had the Legislature required more in terms of establishing valid personal jurisdiction, it could have plainly stated so.

Defendant relies on two Michigan cases as primary support for his argument that MCL 600.5856 requires personal jurisdiction over the defendant, regardless of which tolling subsection is applied: Kiluma v Wayne State Univ, 72 Mich App 446; 250 NW2d 81 (1976), and Liddell v Detroit Automobile Inter-Ins Exch, 102 Mich App 636; 302 NW2d 260 (1981). However, the Kiluma Court expressly declined to address that issue and addressed only subject-matter jurisdiction, not personal jurisdiction. Kiluma, supra at 449-450. Similarly, Liddell concerned lack of subject-matter [464]*464jurisdiction and this Court was construing the second tolling provision2 when it said, “[The] tolling provision applies when personal jurisdiction is properly established in a court without subject matter jurisdiction and the matter is then renewed in the proper court.” Liddell, supra at 654. Thus, the decision in Liddell did not involve the predecessor subsection of MCL 600.5856(a) and, therefore, is not helpful in this case because the subsections are clearly disjunctive; tolling begins if the provisions of any one subsection apply. Liddell and Kiluma properly hold that the reference to jurisdiction in MCL 600.5856(b) does require personal jurisdiction; however, that does not mean that the Legislature intended tolling to begin only when the court has personal jurisdiction over the defendant. The plain language of the statute indicates otherwise.

This construction of the statute comports with the policies outlined in Ralph Shrader, Inc v Ecclestone Chemical Co, Inc, 22 Mich App 213, 214-215; 177 NW2d 241 (1970). In that case, the plaintiff first filed suit in federal court, but the case was dismissed because diversity was lacking. When a new action was filed in the state court, the trial court dismissed it because the period of limitation had expired. Id. at 215. This Court reversed, holding that the matter was tolled while the case was pending in the federal court. Id. at 215-216. This Court expressly rejected the defendant’s argument that the first suit must have been one in which the court had jurisdiction of the parties and of the subject matter. Instead, the Court [465]*465espoused the reasoning of Judge Cardozo in Gaines v City of New York, 215 NY 533, 539-540; 109 NE 594 (1915):

“The important consideration is that by invoking judicial aid, a litigant gives timely notice to his adversary of a present purpose to maintain his rights before the courts. When that has been done, a mistaken belief that the court has jurisdiction, stands on the same plane as any other mistake of law. Questions of jurisdiction are often obscure and intricate. . . . There is nothing in the reason of the rule that calls for a distinction between the consequences of error in respect of the jurisdiction of the court and the consequences of any other error in respect of a suitor’s rights.” [Ralph Shrader, Inc, supra at 216-217.]

This view was reiterated in Cronin v Minster Press,

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Related

Frankenmuth Mutual Insurance v. Marlette Homes, Inc.
573 N.W.2d 611 (Michigan Supreme Court, 1998)
Harrison v. Olde Financial Corp.
572 N.W.2d 679 (Michigan Court of Appeals, 1998)
Kiluma v. Wayne State University
250 N.W.2d 81 (Michigan Court of Appeals, 1976)
Federal Kemper Insurance v. Isaacson
377 N.W.2d 379 (Michigan Court of Appeals, 1985)
Morrison v. Dickinson
551 N.W.2d 449 (Michigan Court of Appeals, 1996)
Cronin v. Minster Press
224 N.W.2d 336 (Michigan Court of Appeals, 1974)
Sun Valley Foods Co. v. Ward
596 N.W.2d 119 (Michigan Supreme Court, 1999)
Mason v. Letts
165 N.W.2d 481 (Michigan Court of Appeals, 1968)
Sanderfer v. Mount Clemens General Hospital
306 N.W.2d 322 (Michigan Court of Appeals, 1981)
Ralph Shrader, Inc. v. ECCLESTONE CHEMICAL CO. INC.
177 N.W.2d 241 (Michigan Court of Appeals, 1970)
Hoekstra v. Bose
707 N.E.2d 185 (Appellate Court of Illinois, 1998)
Liddell v. Detroit Automobile Inter-Insurance Exchange
302 N.W.2d 260 (Michigan Court of Appeals, 1981)
Gaines v. . City of New York
109 N.E. 594 (New York Court of Appeals, 1915)

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Bluebook (online)
655 N.W.2d 298, 253 Mich. App. 460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoekstra-v-bose-michctapp-2002.