MINORITY EARTH MOVERS, INC. v. WALTER TOEBE CONST. CO.

Docket No. 225319.

649 N.W.2d 397 (2002)

251 Mich. App. 87

MINORITY EARTH MOVERS, INC., Plaintiff/Counter-Defendant-Appellee, v. WALTER TOEBE CONSTRUCTION COMPANY, Defendant/Counter-Plaintiff-Appellant.

Court of Appeals of Michigan.

Decided April 30, 2002, at 9:00 a.m.

Released for Publication August 8, 2002.


Attorney(s) appearing for the Case

Garratt & Bachand, P.C. (by Donald R. Bachand, III), Bloomfield Hills, for the plaintiff.

Dickinson Wright PLLC (by James A. Samborn, Michael C. Hammer, and Joseph P. Tocco), Detroit, for the defendant.

Before: HOOD, P.J., and MURPHY and MARKEY, JJ.


MARKEY, J.

Defendant appeals by delayed leave granted, arguing that the trial court erred as a matter of law in entering two separate judgments, each for the full amount of separate mediation evaluations, in accordance with the parties' acceptance of the mediation evaluations. We reverse and remand.

I. FACTS AND PROCEDURAL HISTORY

The parties entered into a written contract after defendant, a general contractor, hired plaintiff, a subcontractor,...

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