KEMERKO CLAWSON LLC v. RXIV INC.

Docket No. 255887.

711 N.W.2d 801 (2005)

269 Mich. App. 347

KEMERKO CLAWSON, LLC, Plaintiff/Counter-Defendant-Appellee, v. RXIV INCORPORATED, Americare Medical, Inc, Ameristaff, Inc, and Sun Medical Equipment Co, Inc, a/k/a Sun Medical Equipment Company, Defendants/Counter-Plaintiffs-Appellants.

Court of Appeals of Michigan.

Decided October 20, 2005.

Released for Publication March 15, 2006.


Attorney(s) appearing for the Case

Keller Thoma, P.C. (by Larry E. Powe and Kevin T. Sutton), Detroit, for the plaintiff.

Kutinsky, Davey & Goldman (by John J. Davey), Madison Heights, for the defendants.

Before: MARK J. CAVANAGH, P.J., and SMOLENSKI and ZAHRA, JJ.


SMOLENSKI, J.

In this commercial landlord-tenant dispute, defendants appeal as of right the bench trial judgment in favor of plaintiff and finding of no cause of action on defendants' counterclaim. We affirm.

On May 10, 2003, the trial court issued a scheduling order that required all dispositive motions and motions in limine to be heard by the court by November 7, 2003, or those motion topics would be waived. On December 30, 2003, defendants filed a motion...

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