Order Michigan Supreme Court
Lansing, Michigan
May 7, 2010 Marilyn Kelly,
Chief Justice
139769 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
DAN-KAI TUS and NU CHEN YEN TUS, Diane M. Hathaway,
Plaintiffs/Counter-Defendants/ Justices
Appellants,
v SC: 139769
COA: 281007
Washtenaw CC: 06-000910-CH
SHIRLEY HURT f/k/a SHIRLEY ROBBINS,
Defendant-Cross Defendant,
and
STERLING MORTGAGE & INVESTMENT
COMPANY,
Defendant/Counter-Plaintiff/Cross
Plaintiff/Appellee,
and
AMERICAN TITLE COMPANY OF
WASHTENAW and REPUBLIC BANC
MORTGAGE COMPANY,
Third-Party Defendants.
_________________________________________/
On order of the Court, the application for leave to appeal the June 25, 2009
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed the effect, if any, on this case of Brydges v
Emmendorfer, 311 Mich 274, 279 (1945) (holding that “[t]he statute of limitations does
not control the question of laches in equitable actions”) and Stokes v Millen Roofing Co,
466 Mich 660, 671-672 (2002) (concluding that courts should not avoid the application of
a statute under the guise of equity because a statutory penalty is excessively punitive or
harsh).
The State Bar of Michigan Real Property Law Section, the Michigan Association
of Mortgage Professionals, the Michigan Mortgage Lenders Association, the Michigan
2
Association of Realtors, the Michigan Association of Community Bankers, the Michigan
Bankers Association, the American Civil Liberties Union of Michigan, the State Bar of
Michigan Consumer Law Section, the University of Michigan Law School General
Clinic, and the Michigan Association for Justice are invited to file briefs amicus curiae.
Other persons or groups interested in the determination of the issues presented in this
case may move the Court for permission to file briefs amicus curiae.
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.
May 7, 2010 _________________________________________
s0504 Clerk