Pageant Homes Inc v. William E Bradley ( 2011 )

Order Michigan Supreme Court
Lansing, Michigan
July 13, 2011 Robert P. Young, Jr.,
Chief Justice
142691 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PAGEANT HOMES, INC, Brian K. Zahra,
Plaintiff-Appellant, Justices
v SC: 142691
COA: 293359
Ingham CC: 07-001867-CH
WILLIAM E. BRADLEY, WILLIAM WILFORD,
and PATRICIA WILFORD,
Defendants,
and
DEUTSCHE BANK NATIONAL TRUST,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the January 20, 2011
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals.
The record below reflects that plaintiff Pageant Homes, Inc.’s arguments on appeal
encompassed the issue of whether its lien was discharged because an affidavit of payment
was filed under MCL 570.1203(1) [repealed by 2010 PA 147, now codified at
MCL 570.1118a(1)]. The Court of Appeals erred in holding otherwise. We note, in this
regard, that the statutory qualification contained in § 1203(1), “to the extent payments
have been made,” has been held to protect a property owner only up to the amount of the
payment. See DLF Trucking, Inc. v Bach, 268 Mich App 306, 311-312 (2005). We
REMAND this case to the Court of Appeals for further proceedings not inconsistent with
this order, and for consideration of the issues raised by the parties but not addressed by
that court during its initial review of this case.
We do not retain jurisdiction.
I, Corbin R. Davis, 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.
July 13, 2011 _________________________________________
p0706 Clerk