GLENN LAMAR LINGERFELT V FARM BUREAU MUTUAL INSUR
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
GLENN LAMAR LINGERFELT,
UNPUBLISHED
January 14, 1997
Plaintiff-Appellee,
v
No. 186585
LC No. 94-2179-CK
FARM BUREAU MUTUAL INSURANCE
COMPANY OF MICHIGAN,
Defendant-Appellant,
and
FREEDOM DRIVING AIDS, INC.,
Defendant.
Before: Taylor, P.J., and Gribbs and R. D. Gotham,* JJ.
PER CURIAM.
Defendant appeals as of right an order of dismissal entered pursuant to a stipulation of the
parties on the basis of the court’s prior summary disposition order in favor of plaintiff. We affirm.
Proper resolution of this appeal requires an understanding of three related lawsuits. In the first
lawsuit, case No. 92-7112-NF, plaintiff, who was insured under a motor vehicle policy issued by
defendant, sued defendant for benefits under the no-fault insurance act, MCL 500.3101 et seq.; MSA
24.13101 et seq., for injuries he sustained in a motor vehicle accident. The parties entered into a
consent judgment whereby defendant agreed to pay plaintiff a total of $206,086.52 (a portion of which
was to be used to purchase a specially equipped van), plus benefits for future attendant care. Plaintiff
filed a second lawsuit, case No. 94-2179-CK (the instant appeal) when defendant refused to remove
its security interest from the handicapper’s van that was provided for in the consent judgment. The trial
court granted plaintiff’s motion for summary disposition and ordered defendant to remove its lien on the
van. Defendant filed a third lawsuit, case No. 94-3602-CK asking the court to set aside the consent
judgment because it had been entered based upon a mistake, inadvertence, surprise, or excusable
* Circuit judge, sitting on the Court of Appeals by assignment.
-1
neglect and countenanced a fraud upon the court. The trial court summarily dismissed the third lawsuit
pursuant to a motion brought by plaintiff.
Defendant does not challenge the trial court’s order requiring it to remove the security interest
from the van. Rather, defendant claims that the consent judgment entered in case No. 92-7112-NF is
invalid for various reasons. We reject defendant’s effort to challenge the consent judgment in an appeal
from a lower court case that did not result in entry of the consent judgment. As the trial court stated in
its opinion dismissing the third lawsuit, if defendant was dissatisfied with the consent judgment its
recourse was a motion for relief from judgment pursuant to MCR 2.612. Defendant cannot collaterally
attack an order entered in the first lawsuit in this appeal because this is an appeal of the second lawsuit.
Defendant is not entitled to any relief because it has not demonstrated any defect in the lower court
order which is being appealed in this case.
Affirmed. Plaintiff may tax costs.
/s/ Clifford W. Taylor
/s/ Roman S. Gribbs
/s/ Roy D. Gotham
-2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.