RUTH L MILLER V KEYSTONE FINANCIAL INC
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STATE OF MICHIGAN
COURT OF APPEALS
RUTH L. MILLER,
UNPUBLISHED
March 3, 2000
Plaintiff-Appellee,
v
KEYSTONE FINANCIAL, INC., d/b/a
KEYSTONE FINANCIAL GROUPM, INC., and
ED WOOD,
No. 209870
Oakland Circuit Court
LC No. 97-538475 CK
Defendant-Appellants,
and
FIRST FINANCIAL ACCEPTANCE COMPANY,
INC.,
Defendant,
Before: Kelly, P.J., and Jansen and White, JJ.
WHITE, J. (concurring in part and dissenting in part).
I agree that no genuine issues of material fact existed with respect to the contract claim against
Keystone and that the circuit court properly granted summary disposition to plaintiff. I also agree that
material factual issues remained regarding the fraud and conversion claims and that summary disposition
was improper as to these claims.
I dissent from the majority’s affirmance with respect to Wood. I would reverse the grant of
summary disposition with respect to Wood and remand for further proceedings regarding his individual
liability. Wood correctly observes that although it recognized that Wood was an agent of the corporate
defendant, the trial court gave no explanation for holding Wood liable in his individual capacity.
Plaintiff’s argument in support of Wood’s individual liability focuses on
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Wood’s allegedly fraudulent statements and his involvement in the alleged concealment and conversion.
Since we have determined that factual issues remained regarding these claims, I would reverse and
remand as to Wood as well.
/s/ Helene N. White
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