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KNUE v. SMITH

Docket No. 130377.

731 N.W.2d 686 (2007)

Daniel KNUE and Jacqueline Knue, Plaintiff-Appellees, v. Joan SMITH, Steve Smith and Cornelius Casey Smith, also known as Casey Smith, Defendant-Appellants.

Supreme Court of Michigan.

May 23, 2007.

Attorney(s) appearing for the Case

Ledford & Associates (by Paul A. Ledford and Gregory P. Bierl), Grand Haven, for the plaintiffs.

Plunkett & Cooney, P.C. (by Jeffrey C. Gerish, Steven F. Stapleton, and Kristen M. Tolan), Bloomfield Hills, and Law, Weathers & Richardson, P.C. (by Steven F. Stapleton), Grand Rapids, for the defendants.

TAYLOR, C.J.

At issue in this case is whether the requirement of the offer of judgment rule, MCR 2.405, to stipulate "to the entry of a judgment in a sum certain" such as to trigger the operation of the rule, and its sanction provisions, is met if the putative offer would culminate in a judgment, not for a sum certain but in a dismissal with prejudice and without costs only. The trial court and Court of Appeals held that an offer in a quiet title action in which the...

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