DAVID CHAMNESS V STEPHEN J HESSEN
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STATE OF MICHIGAN
COURT OF APPEALS
DAVID CHAMNESS,
UNPUBLISHED
March 4, 2008
Plaintiff-Appellee,
v
No. 267691
Kalamazoo Circuit Court
LC No. 04-000658-AV
MATTHEW S. DEPERNO,
Defendant-Appellant,
and
STEPHEN J. HESSEN, STEPHEN L. SIMONS, J.
RYAN CONBOY and KREIS, ENDERLE,
CALLANDER & HUDGINS, P.C.,
Defendants.
.
Before: Bandstra, P.J., and Meter and Beckering, JJ.
BECKERING, J. (concurring in part and dissenting in part).
I concur with the majority opinion, in result only, to the extent that it reverses the circuit
court’s ruling that reversed the probate court’s grant of summary disposition in favor of
defendants. I dissent with the majority opinion in reinstating the probate court’s award of
sanctions to defendants. Based upon existing case law in Michigan and elsewhere pertaining to
recovery under the principles of equitable subrogation and third-party beneficiary liability, I
would rule that the plaintiff’s legal position was not devoid of arguable legal merit.
/s/ Jane M. Beckering
-1-
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