JAGDISH SHAH V KINGSWOOD MOTEL INC

Annotate this Case

Download PDF

STATE OF MICHIGAN COURT OF APPEALS JAGDISH SHAH, UNPUBLISHED August 18, 2000 Plaintiff-Appellant, v No. 213960 Oakland Circuit Court LC No. 98-004980-CK KINGSWOOD MOTEL, INC., a/k/a NORTH WOODWARD, INC., and THOMAS TOMA, Defendants-Appellees. Before: Murphy, P.J., and Kelly and Talbot, JJ. MEMORANDUM. Plaintiff appeals as of right from a circuit court order that granted summary disposition to defendants on the basis that a judgment of possession of real property entered in a district court summary proceeding operated to bar plaintiff’s claim as res judicata. We reverse and remand. On appeal, plaintiff argues that the circuit court erred in holding that his claims were barred by res judicata. We agree, in principle, with plaintiff o the basis of the Michigan Supreme Court’s n decision in JAM Corp v AARO Disposal, Inc, 461 Mich 161; 600 NW2d 617 (1999). In JAM Corp, supra at 168-170, the Court held that a judgment of possession in district court summary proceedings does not operate to merge or bar other claims for relief, no matter who prevailed in the district court proceedings, citing in particular MCL 600.5750; MSA 27A.5750, which provides that “[t]he remedy provided by summary proceedings is in addition to, and not exclusive of, other remedies, either legal, equitable or statutory.” Accordingly, in light of § 5750 of the summary proceedings statute and JAM Corp, we conclude that summary disposition was erroneously granted in this matter, and we remand for further proceedings. Reversed and remanded for further proceedings. We do not retain jurisdiction. /s/ William B. Murphy /s/ Michael J. Kelly /s/ Michael J. Talbot -1

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.