ROBERT L SWARTWOOD V THOMAS C CAGNEY

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STATE OF MICHIGAN COURT OF APPEALS ROBERT L. SWARTWOOD, UNPUBLISHED December 14, 2006 Plaintiff-Appellee, v No. 263731 Genesee Circuit Court LC No. 03-077990-NZ THOMAS C. CAGNEY, Defendant-Appellant. Before: Owens, P.J., and White and Hoekstra, JJ. MEMORANDUM. Defendant appeals as of right the judgment in favor of plaintiff. We affirm. Defendant abandoned all issues on appeal by failing to adequately brief any issue. Defendant presents four issues in his statement of questions presented but does not provide a clear argument for any of them and fails to cite to any legal authority. Wilson v Taylor, 457 Mich 232, 243; 577 NW2d 100 (1998). It is not sufficient for a party “simply to announce a position or assert an error and then leave it up to this Court to discover and rationalize the basis for his claims, or unravel and elaborate for him his arguments, and then search for authority either to sustain or reject his position.” [Wilson, supra, p 243, quoting Mitcham v Detroit, 355 Mich 182, 203; 94 NW2d 388 (1959).] “An appellant’s failure to properly address the merits of his assertion of error constitutes abandonment of the issue.” Thompson v Thompson, 261 Mich App 353, 356; 683 NW2d 250 (2004). More fundamentally, the bases for defendant’s arguments in support of his issues are unclear. Therefore, we decline to address defendant’s issues. Affirmed. /s/ Donald S. Owens /s/ Helene N. White /s/ Joel P. Hoekstra -1-

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