Waldorf v. Zinberg

On January 2, 1980, Oakland County Circuit Judge Gilbert issued an order granting plaintiffs’ motion for summary judgment. The order precluded defendants’ recovery of interest on a mortgage note made by plaintiffs, denied defendants’ motion to amend their answer, denied defendants’ motion to file a counterclaim and to add a party defendant, and ordered defendants to pay plaintiffs’ attorney fees and court costs. Defendants appeal as of right.

On April 29, 1976, plaintiffs executed a promissory note in the principal amount of $20,000 payable to the order of defendants. The note, prepared by…