Categories: Michigan Supreme Court Opinions

KENSINGTON HEIGHTS CO.OP. v. OROZCO, 485 Mich. 933 (2009)

KENSINGTON HEIGHTS COOPERATIVE, Plaintiff-Appellant, v. PATRICIA OROZCO, Defendant-Appellee.

No. 139112.Supreme Court of Michigan.
October 28, 2009.

Appeal from the Court of Appeals No. 289817.

Actions on Applications for Leave to Appeal from the Court of Appeals.

Summary Disposition.

Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals and reinstate the district court’s April 14, 2008 order granting a default and default judgment. In granting plaintiff’s motion to compel discovery, the district court placed defendant on notice that she was subject to a default judgment for failure to comply with the discovery request. Such a sanction was reasonable given the facts of this case and defendant’s repeated failure to comply with discovery requests. Accordingly, the district court did not abuse its discretion in entering the default judgment for plaintiff.

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