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SWEET AIR INV., INC. v. KENNEY

Docket No. 265691.

739 N.W.2d 656 (2007)

275 Mich. App. 492

SWEET AIR INVESTMENT, INC, Plaintiff/Counter-Defendant-Appellant, v. Linda L. KENNEY a/k/a Linda L. Disanto, Frank Disanto, individually and as Trustee and Beneficiary of the Frank J. Disanto Revocable Living Trust, Defendants/Counter-Plaintiffs-Appellees.

Court of Appeals of Michigan.

Decided May 15, 2007, at 9:00 a.m.

Released for Publication September 12, 2007.

Attorney(s) appearing for the Case

Dykema Gossett PLLC (by Thomas M. Hanson and Krista L. Lenart), Ann Arbor, for plaintiff.

Fraser Trebilcock Davis & Dunlap, P.C. (by Michael H. Perry and Joshua S. Smith), Lansing, for defendants.

Trott & Trott, P.C. (by Jeffrey D. Weisserman), Bingham Farms, for Michigan Mortgage Lenders Association.

Before: SERVITTO, P.J., and TALBOT and SCHUETTE, JJ.

PER CURIAM.

Plaintiff appeals as of right the trial court's order denying its motion for summary disposition. Plaintiff also appeals as of right the trial court's conversion of the July 1, 2005, hearing on plaintiff's motion for summary disposition into an immediate bench trial under MCR 2.116(I), at which the trial court set aside the foreclosure sale on the basis that the property should have been sold in two different parcels rather than one. We reverse and remand...

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