Rinas v. Mercer

672 N.W.2d 542, 259 Mich. App. 63
Michigan Court of Appeals·Decided December 11, 2003·No. Docket 232686·Published·Cited by 6 cases

Opinions

Zahra, J.

Plaintiff Jacqueline Rinas, personal representative of the Estate of John B. Rinas, IV, deceased, instituted and dismissed two actions before bringing a third action against the same defendants, Diane Mercer, personal representative of the estate of David Quiroz, Jr.; Earl Hargrove, Jr.; Celadon Trucking; JG’s Lounge; and Southern Dreams, alleging the same claims asserted in the prior actions. When plaintiff dismissed her second action, the trial court entered an order of dismissal stating that the dismissal was “without prejudice and without costs to any party.” Thereafter, the trial court granted defendants’ motions for summary disposition and dismissed plaintiff’s third action, concluding that plaintiff’s claims were barred by the doctrine of res judicata, because [65] the dismissal of the second action constituted an adjudication on the merits under MCR 2.504(A)(1). We are called upon to interpret MCR 2.504(A). We conclude that under the facts presented in this case, subrule (A)(1) does not bar plaintiffs third action. Subrale (A)(1) provides that a second dismissal of an action constitutes an adjudication on the merits only when the dismissal is accomplished by filing a notice of dismissal without an order of the court and on the payment of costs. Here, the second action was dismissed by an order of the court expressly providing that the dismissal of plaintiffs claims was without prejudice and without costs. Such a dismissal is not a dismissal pursuant to subrule (A)(1). We reverse and remand for further proceedings consistent with this opinion.

I. FACTS AND PROCEDURE

On March 17, 1999, plaintiff filed a complaint against defendants. Plaintiff brought claims of negligence against the estate of Quiroz, negligence and gross negligence against Hargrove and Celadon Trucking Service,1 and dramshop act2 claims against JG’s Lounge and Southern Dreams. When plaintiff realized that she had filed her complaint before Mercer had been appointed personal representative of the estate of Quiroz,3 she submitted to the trial court an [66] order of dismissal “without prejudice and without costs to any party.” The trial court entered this order of dismissal. Plaintiff later filed a second complaint against the same defendants that asserted claims identical to the first complaint. This time, plaintiff properly named Mercer as the personal representative of the estate of Quiroz. However, when plaintiff failed to serve all defendants with a copy of the second complaint before the expiration of the summons, plaintiff again submitted to the trial court an order of dismissal “without prejudice and without costs to any party.” The trial court again accepted and entered plaintiff’s order of dismissal.

On January 12, 2000, plaintiff filed a third complaint against defendants, alleging claims identical to the first two complaints. On July 7, 2000, the trial court entered a notice of default against JG’s Lounge for evading service and failing to answer plaintiff’s third complaint. Defendants Mercer, Hargrove, Celadon Trucking Service, and Southern Dreams moved for summary disposition under MCR 2.116(C)(7), arguing that, under MCR 2.504(A)(1), plaintiff’s second voluntary dismissal constituted an adjudication on the merits and barred plaintiff from bringing another action under the doctrine of res judicata. Plaintiff opposed the motions for summary disposition and moved for relief from the prior orders of dismissal under MCR 2.612(A). In August 2000, the trial court denied plaintiff’s motion for relief from the prior orders, and granted defendants’ motions for [67] summary disposition, reasoning that dismissal of plaintiffs second action constituted an adjudication on the merits under MCR 2.504(A)(1). The trial court then entered orders dismissing, with prejudice, plaintiffs claims against defendants Mercer, Hargrove, Celadon Trucking Service, and Southern Dreams. The trial court later entered an order denying plaintiffs motion for a default judgment against JG’s Lounge and dismissing plaintiff’s claims against JG’s Lounge for the same reason it had dismissed plaintiff’s claims against the other defendants. Plaintiff appeals as of right.

n. ANALYSIS

A. STANDARD OF REVIEW

The trial court granted summary disposition for defendants Mercer, Hargrove, Celadon Trucking Service, and Southern Dreams under MCR 2.116(C)(7) after determining that plaintiff’s claims were barred under the doctrine of res judicata. The trial court also dismissed the claims against JG’s Lounge under the doctrine of res judicata.

This Court reviews a trial court’s decision on a motion for summary disposition pursuant to MCR 2.116(C)(7) de novo to determine whether the moving party was entitled to judgment as a matter of law. The applicability of the doctrine of res judicata is a question of law that is also reviewed de novo. [Stoudemire v Stoudemire, 248 Mich App 325, 332; 639 NW2d 274 (2001) (citations omitted).]

“Similarly, interpretation of a court rule, like a matter of statutory interpretation, is a question of law that this Court reviews de novo.” CAM Constr v Lake [68] Edgewood Condo Ass’n, 465 Mich 549, 553; 640 NW2d 256 (2002).

B. PLAINTIFF’S SECOND VOLUNTARY DISMISSAL DID NOT ACT AS AN ADJUDICATION ON THE MERITS UNDER MCR 2.504(A)(1)

Plaintiff argues that the trial court erred in dismissing her claims against defendants, because dismissal of her second action did not constitute an adjudication on the merits under MCR 2.504(A)(1). Plaintiff argues that the second action was not dismissed “without an order of the court and on the payment of costs,” as set forth in the subrule (A)(1)(a). We agree. In addressing plaintiffs argument, we must interpret MCR 2.504(A). Our Supreme Court has articulated the proper method for 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).” [CAM Constr, supra at 554, quoting Grievance Administrator v Underwood, 462 Mich 188, 193-194; 612 NW2d 116 (2000).]

MCR 2.504(A)(1) provides:

Subject to the provisions of MCR 2.420 and MCR 3.501(E), an action may be dismissed by the plaintiff without an order of the court and on the payment of costs
[69] (a) by filing a notice of dismissal before service by the adverse party of an answer or of a motion under MCR 2.116, whichever first occurs; or

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Rinas v. Mercer, 672 N.W.2d 542, 259 Mich. App. 63 (Mich. Ct. App. 2003).

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