Most Important Opinions

1. Civil Practice – Foreign Judgment – Enforcement – Underlying Stipulation 

   Lumbermans Financial, LLC v. Poccia An unfiled, unincorporated stipulation formed part of the basis for a $250,000 consent judgment from a bankruptcy court in Michigan. The stipulation’s provision for a subsequent accounting is not enforceable under the Uniform Enforcement of Foreign Judgments Act

2. Contract – Guaranty – Landlord/Tenant – Lease Renewal – Civil Practice – Default Judgment – Damages 

   Webb v. McJas, Inc. : Although plaintiff obtained entry of default against the defendant-guarantor, plaintiff’s own pleadings, attachments and evidence (presented at the hearing on damages) showed that the guarantor only guaranteed the original lease and not its extension.

3. Environmental – Sedimentation Pollution Control Act – Private Action – Violation Required – Civil Practice – Standing – Administrative 

   Applewood Properties, LLC v. New South Properties, LLC Because the county Natural Resources Department never found the defendant-contractor to be in violation of any law, rule, order or erosion and sedimentation and control plan, plaintiff did not have standing to bring a civil action under the Sedimentation Pollution Control Act to seek redress for its injuries.