Attorneys Mike Smith and Rachelle Miller recently secured dismissal of a claim for damages for their client under the recent ruling in Cleveland v Hath which requires Trial Courts to grant a motion for summary disposition when the opposing party fails to respond. Cleveland determined that Trial Courts “must” dismiss the case when the opposing party fails to present any evidence in response to a motion for summary disposition “unless the moving party’s motion failed to present a credible argument.” Id. This is a great win for our client, and Cleveland will be a useful tool going forward!
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