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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33926
Experience:  Began practicing law in 1992
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I received my transcripts and the judge granted summary disposition

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I received my transcripts and the judge granted summary disposition based on MCR 2.116(8) failure to state a claim. It that all I have to appeal. He did not touch the
subject matter jurisdiction or immunity. The transcript state failure to state a claim and that is all. Does it take in the other two If I focus on failure to state a claim can the
Court of Appeals venture into the immunity and jurisdiction issues.
Submitted: 6 years ago.
Category: Legal
Expert:  Dwayne B. replied 6 years ago.
What does the written order say?
Customer: replied 6 years ago.
It is hereby ordered that defendants motion for summary disposition is granted with prejudice for the reasons stated on the bench and it is further ordered that this is the court's final order and closes the case.
Expert:  Dwayne B. replied 6 years ago.
It shouldn't include the other two, but an Appeals Court can say the error was harmless, if any error occurred, because one of the other two points apply so in an abundance of caution address those issues. Be sure and point out that it wasn't used by the court as a justification for its ruling, but that the order itself is vague and therefore you are addressing them in the brief.

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