CENTURY BANK AND TRUST V T&G GROUP LLC
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STATE OF MICHIGAN
COURT OF APPEALS
CENTURY BANK AND TRUST,
UNPUBLISHED
July 29, 2008
Plaintiff-Appellee,
v
No. 272088
Branch Circuit Court
LC No. 03-008498-CK
T & G GROUP, L.L.C., NAZAR GARMO,
MILED GARMO, MCH STURGIS
CORPORATION, JALAL YATOOMA and
SUHAM YATOOMA,
Defendants,
and
SALEM GARMO,
Defendant-Appellant.
Before: Jansen, P.J., and Zahra and Gleicher, JJ.
ZAHRA, J. (concurring in part and dissenting in part).
I concur in all aspects of the majority opinion except for the conclusion that the record
evidence before the trial court requires the legal conclusion that Salem Garmo’s delay in filing
his motion to set aside the stipulated order of money judgment was reasonable. In my opinion,
those served with legal documents of any kind should take the matter very seriously and
immediately address the issues raised in the documents served. This is particularly true when
one is served with a notice of debtor examination. The failure to act expeditiously gives rise to
an inference that one is attempting to avoid, manipulate or is otherwise indifferent to the rules of
the legal system. While Mr. Garmo’s health issues may support a finding that this delay was
reasonable, these issues do not require such a finding. In my opinion, whether Mr. Garmo acted
reasonably requires a credibility determination that can only be made by the trial court. I would
remand this matter to the trial court for an evidentiary hearing to determine whether the delay in
filing the motion to set aside the stipulated order of money judgment was reasonable.
/s/ Brian K. Zahra
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