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LEXUS FINANCIAL SERVICES, INC. v. TROMBLY TINDALL, P.C.

Docket No. 243472.

683 N.W.2d 185 (2004)

261 Mich.App. 417

LEXUS FINANCIAL SERVICES, INC., Plaintiff/Counter-defendant/Appellee, v. TROMBLY TINDALL, P.C., Defendant/Counter-plaintiff, Michael E. Tindall, Defendant/Counter-plaintiff/Appellant, v. City of Harper Woods and Harper Woods Police Department, Defendants.

Court of Appeals of Michigan.

Decided March 30, 2004, at 9:05 a.m.

Released for Publication June 24, 2004.

Attorney(s) appearing for the Case

O'Reilly, Rancilio, Nitz, Andrews, Turnbull & Scott, P.C. (by Craig S. Schoenherr, Sr., and Susan A. Rancilio), Sterling Heights, for the Appellee.

Tindall & Company, P.C. (by Michael E. Tindall), Mt. Clemens, for Michael E. Tindall.

Before: COOPER, P.J., and O'CONNELL and FORT HOOD, JJ.

O'CONNELL, J.

Appellant Michael Tindall challenges the trial court's determination that his claim against appellee Lexus Financial Services, Inc., should go to arbitration. We reverse in part and affirm in part.

Appellant argues that he never signed an arbitration agreement with Lexus, so his claim belongs in the circuit court. We agree. We recognize that the trial court's order effectively granted summary disposition based on MCR 2.116(C)(7). Therefore, we...

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