Zatkin v. Bank of Commonwealth

Plaintiff appeals from an order of summary disposition in favor of defendant granted by Wayne Circuit Judge Susan D. Borman, and we affirm.

Defendant filed its motion for summary disposition under MCR 2.116(C)(8), failure to state a claim on which relief can be granted, and MCR 2.116(0(10), no genuine issue as to any material fact and the moving party is entitled to judgment or partial judgment as a matter of law. Neither at the hearing nor in the signed order was it specifically stated under which subrule summary disposition was granted—a practice we discourage. Our review of the record…