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JOHN J. FANNON CO. v. FANNON PRODUCTS, LLC

Docket No. 255480.

712 N.W.2d 731 (2005)

269 Mich. App. 162

JOHN J. FANNON COMPANY, Plaintiff, and Ehrlich, Foley & Serwer, P.C., and Joseph H. Ehrlich, Appellants, v. FANNON PRODUCTS, LLC; John J. Fannon III; Constance M. Fannon; David Fannon; Keith Fannon; John J. Fannon, IV; and Daniel Fannon, Defendants-Appellees.

Court of Appeals of Michigan.

Decided December 6, 2005, at 9:05 a.m.

Released for Publication February 16, 2006.

Attorney(s) appearing for the Case

Honigman Miller Schwartz and Cohn LLP (by Barry L. Howard and Jason Schian Conti), Bingham Farms, for Ehrlich, Foley & Serwer, P.C.; and Joseph H. Ehrlich.

Timmis & Inman PLLC (by John C. Louisell), Detroit, for Fannon Products, L.L.C.; John J. Fannon III; Constance M. Fannon; David Fannon; Keith Fannon; John J. Fannon IV; and Daniel Fannon.

Before: SAAD, P.J., and JANSEN and MARKEY, JJ.

SAAD, P.J.

This is an appeal by lawyers who were sanctioned $113,911.88 for pursuing frivolous litigation. The case arises out of a dispute over alleged misconduct regarding the assets of a family business, plaintiff John J. Fannon Company. The first lawyer for plaintiff in this suit, attorney Lawrence D. Heitsch, filed a complaint on behalf of plaintiff on August 15, 2000, and alleged that defendants breached their fiduciary duties to plaintiff and conspired to convert...

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