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Holding that the trial court properly granted the defendants summary disposition under the GTLA as to the plaintiff's tort claims, that there was no question of fact as to whether they were unjustly enriched by collecting the fees at issue.

In 2012, plaintiff's then-wife filed for divorce and paid $230 in filing fees. He later filed a motion as to custody of his child in the divorce action, and paid an $80 FOC fee, collected by the clerk of the court pursuant to the former MCL 600.2529(1)(d)(i). He challenged the trial court's determination that defendant-Garrett (the county clerk, an elected executive official) was entitled to immunity. Pursuant to MCL 691.1407(5), Garrett was entitled to absolute immunity from tort liability so long as she was acting within the scope of her "executive authority." She "undoubtedly had the statutory authority, as a result of her election as Wayne County Clerk, to collect case filing fees, including fees related to cases involving custody or parenting time." By virtue of her position, she "became vested with the authority to act as clerk of the circuit court." Thus, as directed by the judiciary, she "must perform noncustodial ministerial duties related to court administration." It followed that her "authority included the authority to collect case filing fees, including fees related to cases involving custody or parenting time." MCL 600.2529(1)(d)(i) "explicitly directs the clerk of the court to collect the $80 filing fee before entry of a final judgment in an action in which the custody or parenting time of minor children is determined or modified. Thus, as prescribed by MCL 600.2529(1)(d)(i), Garrett had the authority to collect such fees." Plaintiff contended that "the manner in which Garrett carried out this function was improper and illegal in light of the SCAO memorandums advising circuit courts on the proper collection and return of fees." In other words, because of her alleged violation of these memoranda, he argued that Garrett acted outside the scope of her "executive authority" by collecting duplicative filing fees from him and failing to refund them. This argument lacked merit. Neither "the Supreme Court, nor the Chief Judge of Wayne Circuit Court, mandated or ordered Garrett, in her capacity as the clerk of the court, to collect the fees in accordance with the SCAO's interpretation of MCL 600.2529(1)(d) or in the manner set forth in the SCAO memorandums." 

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