THE BEHLER-YOUNG COMPANY V A C BEAUDRY INC
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STATE OF MICHIGAN
COURT OF APPEALS
THE BEHLER-YOUNG COMPANY,
UNPUBLISHED
September 25, 2008
Plaintiff-Appellee,
v
No. 277775
Genesee Circuit Court
LC No. 04-080526-CZ
A.C. BEAUDRY, INC., DONALD A.
BEAUDRY, and KATHLEEN BEAUDRY,
Defendants,
and
ROBERT L. POMEROY and PEGGY POMEROY,
Defendants-Appellants.
Before: Cavanagh, P.J., and Jansen and Kelly, JJ.
JANSEN, J. (concurring).
I fully concur in the majority’s opinion. I write separately to point out that, contrary to
plaintiff’s argumentative assertions before this Court during oral argument, the Pomeroys’
execution of the consent judgment did not constitute an admission that they had violated the
terms of the Michigan Builders Trust Fund Act (MBTFA), MCL 570.151 et seq. I fully
acknowledge that, by entering into the consent judgment, the Pomeroys agreed to pay the sums
due to plaintiff. I further acknowledge that paragraphs 2 and 3 of the consent judgment refer to
the MBTFA for attorney fees and costs. However, the consent judgment simply does not contain
an admission of liability under the MBTFA. It merely states that the Pomeroys agreed to pay the
money, but makes no mention of the Pomeroys’ precise motivation for doing so.
Plaintiff certainly could have attempted to incorporate into the consent judgment an
admission of the Pomeroys’ liability under the MBTFA. However, it does not appear that
plaintiff attempted to incorporate any such provision. Plaintiff’s counsel exceeded the scope of
good-faith argument when he asserted that the Pomeroys had admitted to liability for violating
the MBTFA. I cannot condone the arguments of plaintiff’s counsel, which appear to have been
designed to obscure the actual issues pending before the Court.
/s/ Kathleen Jansen
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