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[Download] "Dorene Sanchez v. Kostas Lagoudakis" by Supreme Court of Michigan # eBook PDF Kindle ePub Free

Dorene Sanchez v. Kostas Lagoudakis

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eBook details

  • Title: Dorene Sanchez v. Kostas Lagoudakis
  • Author : Supreme Court of Michigan
  • Release Date : January 19, 1995
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 60 KB

Description

Order On order of the Court, the application for leave to appeal is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the orders of the Court of Appeals of July 20, 1994 and November 28, 1994 granting the motion to dismiss, denying the motion for rehearing and denying the motion to modify the bond. We also REVERSE the order of the Branch Circuit Court of April 11, 1994 setting bond at $65,000. The circuit court erred in setting the bond under MCR 2.621(H). That rule applies to proceedings supplemental to judgment and appeals from those proceedings, not bond pending an appeal of right from the judgment. The Court of Appeals further erred in dismissing the case for failure to post a bond, because the bond is a condition of stay, not a condition of the appeal. We continue in effect our order of January 20, 1994 granting the motion for stay, conditioned on defendant's (1) timely pursuit of this appeal and (2) either paying to plaintiff her amount of out-of-pocket damages ($491.25) or posting bond in that amount. We REMAND the case to the Court of Appeals for plenary consideration. We do not retain jurisdiction.


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