MORIARITY v. SHIELDS

Docket No. 244160.

678 N.W.2d 642 (2004)

260 Mich. App. 566

Carolyn MORIARITY, Plaintiff-Appellant, v. Joe SHIELDS, doing business as Central Parking, Defendant-Appellee.

Court of Appeals of Michigan.

Decided February 10, 2004, at 9:15 a.m.

Released for Publication May 4, 2004.


Attorney(s) appearing for the Case

Sinas, Dramis, Brake, Boughton & McIntrye, P.C. (by Deborah A. Deprez), Lansing, for the plaintiff.

Garan Lucow Miller, P.C. (by Rosalind Rochkind and Megan K. Cavanagh), Detroit, for the defendant.

Before: O'CONNELL, P.J., and WILDER and MURRAY, JJ.


MURRAY, J.

The dispositive issue presented in this appeal is whether a second summons may be issued by a court clerk after the date the initial summons expired if the trial court has entered an order requiring the issuance of the second summons before the expiration of the initial summons. The trial court held that the court clerk could not issue the second summons, and dismissed plaintiff's cause of action pursuant to MCR 2.116(C)(2). We hold that the trial court...

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