NELSON v. ASSOC. FIN'L SERVS. CO. OF INDIANA, INC.

Docket No. 227375.

659 N.W.2d 635 (2002)

253 Mich. App. 580

Aaron NELSON and Charles Galaske, Plaintiffs-Appellees, v. ASSOCIATES FINANCIAL SERVICES COMPANY OF INDIANA, INC., Defendant-Appellant.

Court of Appeals of Michigan.

Decided October 29, 2002, at 9:10 a.m.

Released for Publication February 4, 2003.


Attorney(s) appearing for the Case

Currie, Kendall, Polasky, Meisel, P.L.C. (by Peter A. Poznak and William Jay Brown), Midland, for the plaintiff.

Miller, Canfield, Paddock and Stone, P.L.C. (by Larry J. Saylor, B. Jay Yelton, III, and Todd A. Hollerman), Detroit, for the defendant.

Before: METER, P.J., and MARKEY and OWENS, JJ.


MARKEY, J.

Defendant appeals by leave granted the trial court's order denying defendant's motion for summary disposition on count IV of plaintiff Charles Galaske's first amended complaint. We affirm.

I. FACTS AND PROCEDURAL HISTORY

This case involves defendant's practice of charging its customers a mortgage prepayment penalty "in an amount equal to six months interest on the amount prepaid in excess of...

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