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NATIONSBANC MORTGAGE CORP. v. LUPTAK

Docket No. 212634.

625 N.W.2d 385 (2000)

243 Mich. App. 560

NATIONSBANC MORTGAGE CORPRATION OF GEORGIA, f/k/a Citizens and Southern Mortgage Corporation, Plaintiff-Appellant, v. Jerry LUPTAK, Jerry D. Luptak Revocable Trust, Nina Luptak, Nina D. Luptak Revocable Trust, Harold Beznos, Harold Beznos Revocable Trust, Norman Beznos, Norman Beznos Revocable Trust, Maurice Beznos, Maurice Jerry Beznos Revocable Trust and Sheldon Korn, Defendants, and The Korn Family Limited Partnership, Garnishee Defendant-Appellee.

Court of Appeals of Michigan.

Decided December 12, 2000, at 9:10 a.m.

Released for Publication February 14, 2001.

Attorney(s) appearing for the Case

Butzel Long, PC (by Edward M. Kalinka and Michael F. Matheson), Birmingham, for plaintiff.

Jacob & Weingarten (by Brian D. Figot), Troy, for the Korn Family Limited Partnership.

Before HOLBROOK, P.J., and MICHAEL J. KELLY and COLLINS, JJ.

HOLBROOK, P.J.

Plaintiff in this garnishment action appeals as of right from the trial court's order granting summary disposition in favor of garnishee defendant the Korn Family Limited Partnership (KFLP) pursuant to MCR 2.116(C)(8). We affirm.

I. Factual Background and Procedural History

Sheldon Korn, the Luptak defendants, and the Beznos defendants1 were guarantors of a mortgage loan procured from plaintiff by Beztak...

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