ELITE PUBLISHING LLC V W EDWARD WENDOVER
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STATE OF MICHIGAN
COURT OF APPEALS
ELITE PUBLISHING,
UNPUBLISHED
November 9, 2004
Plaintiff-Appellant,
v
W. EDWARD
REPECK,
WENDOVER
and
SALLY
No. 248971
Wayne Circuit Court
LC No. 00-039214-CK
Defendants-Appellees.
Before: Murray, P.J., and Sawyer and Smolenski, JJ.
MEMORANDUM.
Plaintiff appeals as of right from a circuit court order of dismissal. We affirm. This
appeal is being decided without oral argument pursuant to MCR 7.214(E).
We agree with plaintiff that the trial court erred in entering defendants’ proposed order of
dismissal because plaintiff had filed timely objections to entry of the order and the matter had
been noticed for settlement before the court. MCR 2.602(B)(3) and (4). However, we agree
with defendants that plaintiff was not prejudiced by the error.
The order as entered comported with the material terms of the settlement agreement as
stated by the parties on the record. Although it did not expressly state that plaintiff could file an
appropriate motion in the event defendants violated the order, the absence of such a statement
does not affect plaintiff’s legal right to seek relief for breach of the agreement. The trial court
has inherent authority to sanction misconduct. Cummings v Wayne Co, 210 Mich App 249, 252253; 533 NW2d 13 (1995). The violation of a court order is punishable through contempt
proceedings “‘even though the order is set aside on appeal or though the basic action has become
moot.’” In re Contempt of Dudzinski, 257 Mich App 96, 110; 667 NW2d 68 (2003), quoting
United States v United Mine Workers of America, 330 US 258, 294; 67 S Ct 677; 91 L Ed 884
(1947).
Affirmed.
/s/ Christopher M. Murray
/s/ David H. Sawyer
/s/ Michael R. Smolenski
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