Plaintiff initially attempted to intervene in a pending case involving the real property which Lipson Neilson successfully opposed. Plaintiff subsequently filed a separate action for wrongful eviction, quantum meruit, and to quiet title regarding the same property which Lipson Neilson successfully disposed of via a dispositive motion.
Plaintiff appealed both decisions to the Michigan Court of Appeals. Plaintiff argued the intervention was improperly denied and that the dispositive motion was improperly granted. The Court of Appeals disagreed with the plaintiff and agreed with Lipson Neilson, finding the evidence presented by Lipson Neilson in support of its motion for summary disposition conclusively established Lipson Neilson’s client’s superior right to the subject property as against all others and, therefore, the plaintiff lacked a viable cause of action.
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