DAVID CASCIOLI V SURFSIDE INTL LLC
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STATE OF MICHIGAN
COURT OF APPEALS
DAVID CASCIOLI,
UNPUBLISHED
November 25, 2008
Plaintiff-Appellant,
v
No. 280639
Oakland Circuit Court
LC No. 2006-078962-CD
SURFSIDE INTERNATIONAL, L.L.C.,
Defendant-Appellee.
Before: O’Connell, P.J., and Smolenski and Gleicher, JJ.
O’CONNELL, P.J. (concurring in part and dissenting in part).
I concur with the majority opinion that the compulsory joinder rule, MCR 2.203(A), does
not apply to cases originally filed in the small claims division of the district court and, therefore,
I concur with the majority opinion’s conclusion to reverse the decision of the lower court. I
write separately to state that the balance of the majority opinion, although interesting, is not
outcome determinative and, in my opinion, constitutes dictum. Therefore, I see no reason to
address the remaining issues.1
/s/ Peter D. O’Connell
1
Were I to address the issues, I would conclude that the pertinent court rule does not support the
majority opinion’s analysis implying that the compulsory joinder rule is not applicable to
litigants who file their claims in the wrong court. The compulsory joinder rule embodied in
MCR 2.203(A) provides:
In a pleading that states a claim against an opposing party, the pleader must join
every claim that the pleader has against that opposing party at the time of serving
the pleading, if it arises out of the transaction or occurrence that is the subject
matter of the action and does not require for its adjudication the presence of third
parties over whom the court cannot acquire jurisdiction.
I find nothing in this court rule that is ambiguous.
-1-
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