BARBARA WILLOUGHBY HERARD V GREMAR CORP
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STATE OF MICHIGAN
COURT OF APPEALS
BARBARA WILLOUGHBY HERARD,
UNPUBLISHED
July 13, 2001
Plaintiff-Appellant,
v
No. 221958
Wayne Circuit Court
LC No. 99-916522-NZ
RICHARD RIBIAT,
Defendant-Appellee,
and
GREMAR CORPORATION, THADDEUS JACUB
and SOPHIA JACUB,
Defendants.
Before: Saad, P.J., and Holbrook, Jr. and Murphy, JJ.
MEMORANDUM.
Plaintiff appeals as of right from a circuit court order dismissing her complaint for
injunctive relief. We affirm.
Plaintiff purchased property from defendant Gremar Corporation on a land contract which
was later assigned to defendant Ribiat, who eventually instituted forfeiture proceedings in the
district court and obtained a judgment. Plaintiff did not appeal the judgment or redeem the
property. When Ribiat applied for a writ of restitution, plaintiff instituted this action seeking to
temporarily enjoin defendant from taking action to regain the premises while she obtained
financing. Following a show cause hearing, the trial court dismissed the case.
Plaintiff raises two issues in her questions presented on appeal. The first issue has been
abandoned because plaintiff has failed to address it or brief the merits in her argument. FMBFirst Michigan Bank v Bailey, 232 Mich App 711, 717; 591 NW2d 676 (1998); Knoke v East
Jackson Pub Sch Dist, 201 Mich App 480, 485; 506 NW2d 878 (1993). The second issue has
not been preserved because plaintiff has not cited any authority in support of her argument. Price
v Long Realty, Inc, 199 Mich App 461, 467; 502 NW2d 337 (1993). Regardless, plaintiff filed
suit solely to obtain temporary injunctive relief to give her time to get funds with which she
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might redeem the property or at least negotiate a settlement with defendant. In light of the
history of the proceedings, plaintiff’s attorney conceded that plaintiff had not established
irreparable harm and thus was not entitled to injunctive relief. Having conceded the issue below,
plaintiff cannot claim error on appeal. Living Alternatives for the Developmentally Disabled, Inc
v Dep’t of Mental Health, 207 Mich App 482, 484; 525 NW2d 466 (1994).
Affirmed.
/s/ Henry William Saad
/s/ Donald E. Holbrook, Jr.
/s/ William B. Murphy
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