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HINKLE v. WAYNE COUNTY CLERK

Docket No. 119566.

654 N.W.2d 315 (2002)

467 Mich. 337

Gary HINKLE, Executor of the Estate of Marilyn J. Hinkle-Calcutt, Plaintiff, v. WAYNE COUNTY CLERK, County of Wayne, and Wayne County Commission, Defendants/Third-Party Plaintiffs/Appellees, v. Billy Calcutt, Third-Party Defendant, and Randall Wokas, Third-Party Defendant-Appellant.

Supreme Court of Michigan.

December 10, 2002.

Attorney(s) appearing for the Case

Wayne County Corporation Counsel (by Edward Ewell, Jr., and Ellen E. Mason), Detroit, for third-party plaintiffs-appellees Wayne County.

Otto J. Hetzel, Bethesda, MD, for third-party defendant-appellant Wokas.

PER CURIAM.

This appeal arises from postjudgment proceedings in a dispute over a partial refund owed by a hospital that was overpaid for the care of plaintiff's decedent, Marilyn J. Hinkle-Calcutt.

We hold that MCR 2.614(A)(1), commonly described as the automatic stay provision, does not apply to voluntary payments in satisfaction of a judgment. Therefore, we reverse the judgment of the Court of Appeals to the extent that it holds to the contrary.

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