Order Michigan Supreme Court
Lansing, Michigan
December 1, 2010 Marilyn Kelly,
Chief Justice
141170 & (50) Michael F. Cavanagh
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
Diane M. Hathaway
JSB ENTERPRISES, INC., Alton Thomas Davis,
Plaintiff-Appellee, Justices
v SC: 141170
COA: 288981
Oakland CC: 2007-084174-CK
AWRY ENTERPRISES, INC., INNOVATIVE
PROGRAMS GROUP, INC., DIXIE A.
LEHRMITT, and DEANE LEHRMITT,
Defendants,
and
PRO-MARK PROFESSIONAL MARKETING &
INSURANCE SERVICES, INC.,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the April 22, 2010
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, we
VACATE the default judgment of the Oakland Circuit Court as it pertains to defendant
Pro-Mark, we REVERSE the circuit court’s order denying the motion to set aside the
default as it pertains to defendant Pro-Mark, and we REMAND this case to the circuit
court for further proceedings. The record at the time the default was entered did not
support a default against defendant Pro-Mark. That defendant was not served and the
complaint did not show a relationship between that defendant and the one defendant that
was served for purposes of service of process. The motion to strike an exhibit is
GRANTED, but the related request for damages is DENIED.
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.
December 1, 2010 _________________________________________
y1123 Clerk
Jsb Enterprises v. Awry Enterprises Inc
Combined Opinion