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REAL ESTATE ONE v. HELLER

Docket No. 267041.

724 N.W.2d 738 (2006)

272 Mich. App. 174

REAL ESTATE ONE, Plaintiff-Appellant, v. Wendy HELLER, Defendant-Appellee.

Court of Appeals of Michigan.

Decided July 6, 2006.

Approved for Publication August 29, 2006, at 9:05 a.m.

Released for Publication December 7, 2006.

Attorney(s) appearing for the Case

Wood, Kull, Herschfus, Obee & Kull, P.C. (by Brian H. Herschfus and Kevin J. Campbell), Farmington Hills, for the plaintiff.

Jackier Gould, P.C. (by Jonathan B. Frank and Bradley K. Feldman), Bloomfield Hills, for the defendant.

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

SAAD, J.

Plaintiff, Real Estate One, appeals the trial court's order that granted summary disposition to defendant, Wendy Heller. We reverse and remand for further proceedings.

I. Facts and Procedural History

In 1997, Real Estate One entered into a real estate listing agreement with Wendy Heller and her late husband, Dr. Mark Heller. Neither party has produced a copy of the listing agreement. However, the parties agree that Real Estate One agreed...

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