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BLAZER FOODS, INC. v. RESTAURANT PROP., INC.

Docket No. 232489.

673 N.W.2d 805 (2003)

259 Mich. App. 241

BLAZER FOODS, INC., North Bay Foods, Inc., H & N Corp., L & P Food, Inc., R-Own Corporation, GGM, Inc., MMV, Inc., DNB Corporation, P & B Corporation, J-Max, Inc., and Will-Ame High, Inc., Plaintiffs-Appellants, v. RESTAURANT PROPERTIES, INC., f/k/a Hot `n Now, Inc., Taco Bell Corporation, and PepsiCo, Inc., Defendants-Appellees.

Court of Appeals of Michigan.

Decided October 30, 2003, at 9:00 a.m.

Released for Publication January 8, 2004.

Attorney(s) appearing for the Case

Silverman, Smith, Bingen & Rice, P.C. (by Robert W. Smith and Stephen M. Rice), Kalamazoo, for the plaintiffs.

Varnum, Riddering, Schmidt & Howlett, LLP (by John W. Allen and Eric J. Guerin), Kalamazoo, for the defendants.

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

METER, J.

Plaintiffs appeal as of right from an order granting summary disposition in favor of defendants in this mixed contract and tort action involving a suit by plaintiff franchisees to recover damages allegedly arising from defendants' contractual breaches and corporate mismanagement. We conclude that neither the "continuing wrong" nor the "continuing services" theory of recovery applies to the instant case, and we...

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