BRIANNA CURRY V AUBURN HILLS PUBLIC SCHL DIST
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STATE OF MICHIGAN
COURT OF APPEALS
BRIANNA CURRY, a Minor, and NEDRA
CURRY, a Minor, by their Next Friend,
DELONDA ADAMS,
UNPUBLISHED
August 6, 2002
Plaintiffs-Appellants,
v
AUBURN HILLS SCHOOL DISTRICT,
AVONDALE SCHOOL DISTRICT, JAMES L.
BIRD, ANTHONY MARASCO, LOIS BYRNE,
and JOHN DOE,
No. 231719
Oakland Circuit Court
LC No. 2000-022366-NZ
Defendants-Appellees.
Before: Fitzgerald, P.J., and Holbrook, Jr. and Griffin, JJ.
MEMORANDUM.
Plaintiffs appeal as of right the order dismissing their complaint with prejudice. We
affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E).
The trial court’s finding that plaintiffs violated the signature requirements of MCR
2.114(D)(2) by signing the complaint containing a knowingly false allegation is not clearly
erroneous. Jackson Hog Producers v Consumers Power Co, 234 Mich App 72, 91; 592 NW2d
112 (1999). Further, the trial court did not abuse its discretion by imposing sanctions under
MCR 2.114(E) in the amount of $2,000 for plaintiffs’ violation of MCR 2.114(D)(2). Last, the
trial court did not abuse its discretion by dismissing plaintiffs’ cause of action with prejudice
pursuant to MCR 2.504(B)(1) for plaintiffs’ failure to comply with the court’s order to pay the
sanctions “within 14 days of October 18, 2000.” The trial court properly considered the
circumstances of the case before imposing the sanction of dismissal. Zantop Int’l Airlines, Inc v
Eastern Airlines, 200 Mich App 344, 360; 503 NW2d 915 (1993).
Affirmed.
/s/ E. Thomas Fitzgerald
/s/ Donald E. Holbrook, Jr.
/s/ Richard Allen Griffin
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