GEORGE EDWARD LYONS V JAMES BRADY
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STATE OF MICHIGAN
COURT OF APPEALS
GEORGE EDWARD LYONS,
UNPUBLISHED
March 2, 2010
Plaintiff-Appellant,
v
No. 289567
Livingston Circuit Court
LC No. 07-023338-CH
JAMES EDWARD BRADY,
Defendant-Appellee.
Before: Fitzgerald, P.J., and Cavanagh and Davis, JJ.
PER CURIAM.
Plaintiff appeals as of right from a Livingston Circuit court order dismissing his claims.
We affirm.
At the heart of the appeal is property located in Pinckney, Michigan. In 1994, plaintiff
asked Karl and Marian Kopp, two of his neighbors, to loan him $90,000. As security, plaintiff
and his ex-wife gave the Kopps a warranty deed to the property. The deed was recorded a week
after closing. The Kopps then sold the property back to plaintiff and his ex-wife for $90,000, on
a five-year land contract with no money down, nine percent interest, and a monthly payment of
$724.16. After receiving no payments on the land contract for three years, the Kopps
commenced a land contract forfeiture action. Plaintiff and his ex-wife failed to appear and
default was entered against them. The case was dismissed with prejudice. Further, the court
enjoined plaintiff from recording any documents related to the property with the Livingston
County Register of Deeds. It appears that plaintiff’s current claims stem from his belief that the
Kopps wrongfully acquired the property from him before subsequently selling the property to
defendant.
Pursuant to the circuit court’s scheduling order, this civil action was submitted to a case
evaluation panel in October 2008. The panel unanimously determined that the claims raised by
plaintiff were frivolous. Defendant accepted the determination, but plaintiff rejected it. When
plaintiff did not file a motion asking the trial court to review the evaluation or post a bond to
continue the action in accordance with the procedure set forth in MCR 2.403(N)(3), defendant
moved to dismiss. The trial court agreed and dismissed plaintiff’s case.
Plaintiff first argues that because cause of action consisted of both equitable and tort
claims, the bond and dismissal provisions of MCR 2.403(N)(3) do not apply. Plaintiff is correct
that a trial court may not dismiss the non-tort claims under MCR 2.403(N)(3) if a complaint
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states claims in addition to tort claims. MCR 2.403(A); Wilcoxon v Wayne Co Neighborhood
Legal Services, 252 Mich App 549, 555; 652 NW2d 851 (2002). Thus, the issue is whether all of
plaintiff’s underlying claims sound in tort.
In determining the exact nature of plaintiff’s claims, this Court must look beyond the
procedural labels and read the complaint as a whole. Tipton v William Beaumont Hosp, 266
Mich App 27, 33; 697 NW2d 552 (2005). Plaintiff argues that although his complaint is difficult
to read and not labeled as a quiet title action, the “crux” of the complaint is to quiet title to the
property, which is an equitable claim. Plaintiff asserts that the property was the subject matter of
the case, that he has always been the owner of the property, and that he was requesting its
immediate return “with clear title.” These assertions reasonably appear to state a quiet title cause
of action. Thus, because his action sounded in equity and not tort, MCR 2.403(N) did not apply
and the trial court incorrectly dismissed his claims on that basis. Wilcoxon, 252 Mich App at
552.
However, we believe that the court reached the merits of plaintiff’s quiet title action. At
the hearing on defendant’s motion to dismiss the court said, “My review of the file indicates that
it is in fact frivolous . . . . So I am therefore going to dismiss the lawsuit.” Upon de novo
review, Mason v City of Menominee, 282 Mich App 525, 527; 766 NW2d 888 (2009), we agree
that the quiet title action was frivolous. As noted, plaintiff’s claim against the Kopps was
dismissed with prejudice, and title to the property was vested in the Kopps. Plaintiff now alleges
that a few days after the court quieted title in the Kopps, the Kopps transferred ownership of the
property back to plaintiff and his ex-wife. In support, plaintiff provides a copy of a warranty
deed drafted by plaintiff transferring the property from the Kopps to plaintiff and his ex-wife,
which was recorded (in violation of the court’s explicit order) with the Livingston County
Register of Deeds on May 31, 2005. The deed is dated and was notarized on March 11, 1994.
This is the same day that the warranty deed transferring the property to the Kopps for $90,000
was executed.
Because plaintiff was a party to the quiet title action, any interest he had in the property
was extinguished by the circuit court order vesting and quieting title to the property in the
Kopps. MCR 3.411(H) (“Except for title acquired by adverse possession, the judgment
determining a claim to title . . . determines only the rights and interest of the known and
unknown persons who are parties to the action.”). The subsequent recording of the deed did not
vest title of the property in plaintiff because the Kopps transferred the property to plaintiff before
the court’s order vesting title in the Kopps. Thus, plaintiff’s claim to Camelot based on a deed
issued before the quiet title action is without merit.
Although the trial court gave the wrong authoritative support for its decision, it reached
the correct result when it dismissed plaintiff’s claims. We will not reverse a decision that
reaches the correct legal result, albeit for the wrong reason. In re People v Jory, 443 Mich 403,
425; 505 NW2d 228 (1993).
Plaintiff next argues that the trial court erred by finding his complaint to be frivolous
without first conducting an evidentiary hearing. In support of this assertion, plaintiff cites Knoke
v Michlin Chemical Corp, 188 Mich App 456; 470 NW2d 420 (1991). However, Knoke is
distinguishable because in that case the trial court dismissed the plaintiff’s claim because he
failed to post a bond pursuant to MCR 2.403(N) without making an independent finding on the
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merit of the claim. Id. at 458-460. In contrast, in the present case, the trial court expressly found
that plaintiff’s claim was frivolous.
Affirmed.
/s/ E. Thomas Fitzgerald
/s/ Mark J. Cavanagh
/s/ Alton T. Davis
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