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DITMORE v. MICHALIK

Docket No. 218078.

625 N.W.2d 462 (2001)

244 Mich. App. 569

Kevin DITMORE and Melanie Ditmore, Plaintiffs-Appellants, v. Larry MICHALIK, Becky Michalik, Ron Hiveley, Glena Hiveley, Dale Herring, Lucinda Herring, Floyd D. Campbell, Ray A. Busik, and Phyllis J. Busik, Defendants-Appellees, and Brookshire Associates Inc., d/b/a Century 21 Brookshire, Third-Party Defendant.

Court of Appeals of Michigan.

Decided February 9, 2001, at 9:00 a.m.

Released for Publication April 5, 2001.

Attorney(s) appearing for the Case

Dykema Gossett PLLC (by W.A. Steiner, Jr., and Noceeba S. Gordon), Detroit, for the plaintiffs.

J. Michael Smith, Plymouth, for the defendants.

Before O'CONNELL, P.J., and ZAHRA and B.B. MacKENZIE, JJ.

O'CONNELL, P.J.

Plaintiffs appeal as of right from a judgment and order granting defendants' motion for summary disposition, MCR 2.116(C)(7) and (10). This case arises out of a dispute over the use of, and rights in, real property. We reverse and remand.

Plaintiffs alleged below that they were the equitable owners of certain real property located in Dexter Township, which we will refer to as lot 43, and which is part of a subdivision that Portage Lake Land...

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