LEASE ACCEPTANCE CORP V VINSON ABELL
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STATE OF MICHIGAN
COURT OF APPEALS
LEASE ACCEPTANCE CORPORATION,
FOR PUBLICATION
August 31, 2006
Plaintiff-Appellee,
v
No. 255487
Oakland Circuit Court
LC No. 04-056036-CK
SCOTT ADAMS,
Defendant,
and
JAVIER ALCARAZ, BRIAN AUBUCHON,
JOSEPH AUBUCHON, DARLENE BALLEW,
TRACIE BALLEW, ADAM BOYD, SHAWN
FARIA and DUANE JOHNSON,
Defendants-Appellants.
LEASE ACCEPTANCE CORPORATION,
Plaintiff-Appellant,
v
No. 256582
Oakland Circuit Court
LC No. 04-056034-CK
VINSON ABELL, HEATHER BAKKER,
DARRIN TALL and SHERRI TALL,
Defendants,
and
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ANDREW ASMAN, JAMES HUMENIK, MAI VI
HOANG, ALAN B. THOMPSON, TUAN V. VO,
ARNOLD WILSON, ELIZABETH WILSON,
MARC BELL, JAMES RAY FACKLER, ANITA
ROZZI, JAMES E. ROZZI and ENEAS O.
SOUZA,
Defendants-Appellees.
Before: Murray, P.J., and Cavanagh and Talbot, JJ.
CAVANAGH, J. (concurring).
I concur with the majority opinion in all respects but would emphasize that in
determining whether Michigan is a reasonably convenient place for the trial, the trial court
should only use the forum non conveniens analysis as a useful guide and not as a conclusive
framework to determine what is “reasonably convenient.” See Cray v General Motors Corp, 389
Mich 382, 395-396; 207 NW2d 393 (1973). Significant to bear in mind with regard to the
differences in the analyses are that: (1) the forum non conveniens doctrine is a common-law
discretionary doctrine, not a statutory directive; (2) MCL 600.745(2) applies in instances where
the parties agreed by contract to submit any disputes to this state’s jurisdiction while the forum
non conveniens doctrine applies in instances where the plaintiff unilaterally selected the forum;
(3) when the forum non conveniens doctrine is applicable two jurisdictions are available, that
may not be true in instances where MCL 600.745(2) is applicable, and (4) the standard to
consider in a forum non conveniens analysis is whether the forum is inconvenient but the
standard under MCL 600.745(2) is whether the forum is “reasonably convenient,” an arguably
less burdensome standard.
/s/ Mark J. Cavanagh
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