Jose a Rodriguez v. Fedex Freight East Inc ( 2015 )


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  • Order                                                                                         Michigan Supreme Court
    Lansing, Michigan
    March 20, 2015                                                                                        Robert P. Young, Jr.,
    Chief Justice
    149222                                                                                                Stephen J. Markman
    Mary Beth Kelly
    Brian K. Zahra
    Bridget M. McCormack
    JOSE A. RODRIGUEZ,                                                                                       David F. Viviano
    Plaintiff-Appellee,                                                                       Richard H. Bernstein,
    Justices
    v                                                                  SC: 149222
    COA: 312187
    Wayne CC: 09-028366-NO
    FEDEX FREIGHT EAST, INC., RODNEY
    ADKINSON, LAURA BRODEUR,
    MATTHEW DISBROW, WILLIAM D.
    SARGENT, and HONIGMAN MILLER
    SCHWARTZ and COHN, LLP,
    Defendants-Appellants.
    _________________________________________/
    On March 11, 2015, the Court heard oral argument on the application for leave to
    appeal the March 25, 2014 judgment of the Court of Appeals. On order of the Court, the
    application is again considered. MCR 7.302(H)(1). In lieu of granting leave to appeal,
    we REVERSE that part of the Court of Appeals judgment addressing the state-law abuse-
    of-process and fraud claims raised by the plaintiff and REINSTATE the July 20, 2012
    order of the Wayne Circuit Court granting summary disposition to the defendants. It is
    well established that “a second suit for fraud, based on perjury (‘intrinsic fraud’), may not
    be filed against a person involved in a first suit, if the statutes and court rules provide an
    avenue for bringing the fraud to the attention of the first court and asking for relief there.”
    Daoud v De Leau, 
    455 Mich. 181
    , 203 (1997). The record clearly supports a finding that
    the issues that the plaintiff is now raising were or could have been resolved in the 2003
    litigation.
    I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
    foregoing is a true and complete copy of the order entered at the direction of the Court.
    March 20, 2015
    d0317
    Clerk
    

Document Info

Docket Number: 149222

Filed Date: 3/20/2015

Precedential Status: Precedential

Modified Date: 3/21/2015