KIRK R VERCNOCKE V RANDALL A STUBBS

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STATE OF MICHIGAN COURT OF APPEALS KIRK R. VERCNOCKE and DEBORAH VERCNOCKE, UNPUBLISHED June 15, 2004 Plaintiffs/CounterdefendantsAppellants/Cross-Appellees, v RANDALL STUBBS and LORRAINE STUBBS, No. 245422 Oakland Circuit Court LC No. 02-038296-CH Defendants/CounterplaintiffsAppellees/Cross-Appellants. Before: Fitzgerald, P.J., and Jansen and Talbot, JJ. JANSEN, J. (concurring). I concur with the majority opinion. But I write separately to note that I believe this Court’s opinion in Timmons v DeVoll, unpublished opinion per curiam of the Court of Appeals, issued February 24, 2004 (Docket Nos. 241507, 249015) provides a better analysis and rationale for this outcome than the cases cited by the majority. I view the Timmons case as particularly persuasive, because of the limited case law on point, but note that unpublished opinions are not binding under the rules of stare decisis. MCR 7.215(C)(1). /s/ Kathleen Jansen -1-

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