Wells Fargo Bank Na v. Cherryland Mall Ltd Partnership

Michigan Supreme Court

Wells Fargo Bank Na v. Cherryland Mall Ltd Partnership

DecidedNovember 19, 2014

Docket149167

StatusPublished

This text of Wells Fargo Bank Na v. Cherryland Mall Ltd Partnership (Wells Fargo Bank Na v. Cherryland Mall Ltd Partnership) 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

Wells Fargo Bank Na v. Cherryland Mall Ltd Partnership, (Mich. 2014).

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Opinion

Order Michigan Supreme Court Lansing, Michigan

November 19, 2014 Robert P. Young, Jr., Chief Justice

149167 & (20)(21) Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack WELLS FARGO BANK, N.A., David F. Viviano, Plaintiff-Appellee, Justices

v SC: 149167 COA: 319894 Grand Traverse CC: 10-028149-CH CHERRYLAND MALL LIMITED PARTNERSHIP and DAVID SCHOSTAK, Defendants-Appellants.

_________________________________________/

On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal the March 18, 2014 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration, as on leave granted, of whether the trial court exceeded its authority when it granted plaintiff’s motion to pursue alternative grounds for relief when the Court of Appeals originally remanded only to determine “whether plaintiff is entitled to costs, expenses, and attorney fees with respect to count IV.”

The motion for stay is GRANTED. Trial court proceedings are stayed pending the completion of this appeal. On motion of a party or on its own motion, the Court of Appeals may modify, set aside, or place conditions on the stay if it appears that the appeal is not being vigorously prosecuted or if other appropriate grounds appear.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. November 19, 2014 p1112 Clerk

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Order Michigan Supreme Court Lansing, Michigan

November 19, 2014 Robert P. Young, Jr., Chief Justice

149167 & (20)(21) Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack WELLS FARGO BANK, N.A., David F. Viviano, Plaintiff-Appellee, Justices

v SC: 149167 COA: 319894 Grand Traverse CC: 10-028149-CH CHERRYLAND MALL LIMITED PARTNERSHIP and DAVID SCHOSTAK, Defendants-Appellants.

_________________________________________/

On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal the March 18, 2014 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration, as on leave granted, of whether the trial court exceeded its authority when it granted plaintiff’s motion to pursue alternative grounds for relief when the Court of Appeals originally remanded only to determine “whether plaintiff is entitled to costs, expenses, and attorney fees with respect to count IV.”

The motion for stay is GRANTED. Trial court proceedings are stayed pending the completion of this appeal. On motion of a party or on its own motion, the Court of Appeals may modify, set aside, or place conditions on the stay if it appears that the appeal is not being vigorously prosecuted or if other appropriate grounds appear.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. November 19, 2014 p1112 Clerk

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Wells Fargo Bank Na v. Cherryland Mall Ltd Partnership, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-fargo-bank-na-v-cherryland-mall-ltd-partners-mich-2014.