ORONDE SHAWN MANSON V HAROLD STEHLIK
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STATE OF MICHIGAN
COURT OF APPEALS
ORONDE SHAWN MANSON,
UNPUBLISHED
March 22, 2002
Plaintiff-Appellant,
v
HAROLD STEHLIK and JERRY E. STEHLIK,
No. 227504
Wayne Circuit Court
LC No. 98-839563-CH
Defendants-CounterplaintiffsAppellees.
Before: O’Connell, P.J., and White and Cooper, JJ.
WHITE, J. (dissenting).
I respectfully dissent. I do not agree that service of notice on Herman Manson
constituted service on plaintiff under MCL 211.140(6) under the circumstances presented here.
The notice served on Herman Manson was directed to Herman Manson himself. It was
not a notice intended for plaintiff, but left with Herman under MCL 211.140(6). The return of
service did not show that Herman had been served for plaintiff, or that a notice directed to all
occupants of the house generally had been served. The return of service showed that notice had
been served on Herman Manson, occupant, “to whom said notice was addressed.”
While the statute permits service on a person by serving a family member of mature age
at the person’s residence, it nevertheless contemplates that the service be intended for the person
entitled to notice; i.e., the statute permits a specific person to be served by leaving the notice at
that specific person’s usual place of residence with a member of that specific person’s family.
The statute provides an alternative means of serving a person entitled to notice. The statute does
not state that service upon any member of a household shall constitute service upon all members
of the household, or that if several members of a household are entitled to service, only one need
be served. Here, Herman Manson was served for himself, not as a means of alternative service
on plaintiff, and plaintiff was never served.
I would reverse.
/s/ Helene N. White
-1-
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