734-359-7018
Now Accepting New Clients!
Blog

LITIGATION 5: The trial court properly relied on defense counsel’s representation because an attorney speaks for his client.

This appeal arises from damage that occurred to plaintiff’s property in Highland Park and the parties’ subsequent agreement to settle plaintiff’s inverse condemnation claim. The parties placed the terms of the settlement on the record, agreeing that the settlement was for $10,000 subject to City Council approval as are all municipal settlements.

Generally, only the city council can bind a municipal corporation to a contract.

Several months later, plaintiff moved for entry of a consent judgment pursuant to MCR 2.602(B)(4). Although defense counsel objected to entry of the order, he reported to the trial court that the city council approved the settlement.

The trial court then entered an order settling the consent judgment, which stated that the parties stipulated, on the record, to settle plaintiff’s inverse condemnation claim for $10,000, and that the settlement was approved by defendant’s city council.

Defendant filed a motion for reconsideration and argued that the consent judgment did not comport with the parties’ agreement. The trial court denied defendant’s motion for reconsideration because it determined that the parties agreed to the terms of the consent judgment on the record.

Defendant first argues that the trial court abused its discretion because the city council did not approve the settlement agreement before the trial court’s entry of the consent judgment.

Defense counsel’s agreement to the settlement at the settlement conference did not bind defendant to the terms of the agreement because, at that point, defendant’s city council had not approved the settlement agreement.  However, at the subsequent hearing, defense counsel reported to the trial court that defendant’s city council had approved the settlement. The trial court properly relied on defense counsel’s representation because an attorney speaks for his client.

Despite acknowledging approval by defendant’s city council, defense counsel also stated that we don’t know the terms of it. The unknown terms appear to only involve whether the judgment would be paid periodically or from the tax rolls. The trial court stated that, however defendant decides to pay it, it agreed to pay the amount of the judgment. We agree that the ambiguity regarding the timing of the payment or payments does not negate the fact that defendant’s city council approved the settlement amount.

Because the trial court relied on defense counsel’s statement that defendant’s city council approved the settlement agreement, the trial court did not abuse its discretion by entering the consent judgment.

Are you involved in a litigation dispute in Michigan? Are you seeking an efficient and effective resolution?

If you are facing litigation, seek the advice of an experienced and skilled litigation attorney at Aldrich Legal Services in Plymouth.

Contact Aldrich Legal Services

Three reasons to put a power of attorney in place

Originally posted on 11/08/2016 While no one wants to think of the unfortunate possibility of being incapacitated or of a time when we can't handle our own affairs, this circumstance is a real possibility. If something happens and this...

How to approach parents about estate planning

Originally posted on 12/09/2016 Family forms a strong foundation for many people's first and most intimate community. It is important to strengthen these first relationships so even uncommon questions become natural. For those...

PROBATE 44: Petition for Mental Health Treatment

Michigan’s Mental Health Code governs the civil admission and discharge procedures for a person with a mental illness. Specifically, MCL 330.1434 sets forth the procedure and content requirements for a petition for mental health treatment.

Should you get your criminal record expunged?

Originally posted on 04/12/2017 If you have been convicted of a crime, have served your sentence, and have followed all court recommendations, you should be able to put your past behind you and move on with life. Moving forward is critical...

Choosing the right executor for an estate

Originally posted on 05/28/2017 When people are thinking about planning their estate, they often think about trying to minimize the estate tax, keeping their will updated, and keeping items out of probate court; however, there is another...

Understanding how the Miranda warning works

Originally posted on 11/25/2016 Michigan residents who have seen television police shows or movies involving law enforcement have no doubt watched many dramatic scenes with officers quoting something to the effect of, "You have the...

PROBATE 42: Dissolution of professional corporation.

This case involves the estate of a doctor whose professional corporation also had to be dissolved upon his death. The personal representative of the estate sold the company’s assets but did not pay off the company’s debts before transferring the proceeds to the estate and distributing them to the heirs.

A basic introduction to wills

Originally posted on 10/31/2016 It can be difficult to consider the end of our lives when we are in good health. However, lives can change at any moment, so it is wise to be prepared for any situation that may arise. Despite the many...

REAL ESTATE 73: Quiet title action.

This case involves a dispute over real property located in Michigan. W and V who are D’s parents, acquired the property. In 1999, W and V conveyed the property to the Trust, to which W is the sole trustee, via a quit claim deed. At some point...

How Is Alimony Determined In A Michigan Divorce?

Originally posted on 06/22/2018. When filing for divorce in Michigan, you may seek alimony, spousal support, from their spouse whenever they require financial aid. A judge may order your spouse to pay certain alimony. However, it depends...

Is My Conviction Eligible for Expungement?

Originally posted on 10/11/2019. At one point or another, we have all made mistakes. For some people, those mistakes involved breaking the law. Convictions have a large impact on someone’s life. Beyond the sentencing ranging from...

PROBATE 45: The court held that the probate court did not err by granting summary disposition for Plaintiff, or by denying Defendant’s request for an extension of the discovery period, adjournment of mediation, and issuance of subpoenas and by dismi

This case arises out of competing petitions for probate. On November 19, 2018, Defendant initiated this case by filing a petition for probate, attaching Decedent’s death certificate and purported last will and testament, dated March 9, 2007,...

DIVORCE 57: Holding that the trial court’s factual findings were not supported by the record evidence, and thus could not stand, the court reversed, vacated the portion of the Amended Default JOD ordering defendant to pay $3,325 to plaintiff, and re

Plaintiff first testified that she and defendant purchased the marital home in 1995. At the time the first default judgment of divorce was entered in September 2017, plaintiff had the home appraised. The value of the home was determined to be...

Don't let a bad decision, unfair contract, or a messy divorce get in the way of a promising future!
Contact the experienced team at Aldrich Legal Services today to schedule your free initial
consultation
and secure reliable and trustworthy representation today!
Get the Help You Need From a Team You Can Truly Count On: (734) 404-3000
734-237-6482
734-366-4405