Kemerko Clawson, LLC v. RXIV Inc.

In this commercial landlord-tenant dispute, defendants appeal as of right the bench trial judgment in favor of plaintiff and finding of no cause of action on defendants’ counterclaim. We affirm.

On May 10, 2003, the trial court issued a scheduling order that required all dispositive motions and motions in limine to be heard by the court by November 7, 2003, or those motion topics would be waived. On December 30, 2003, defendants filed a motion for summary disposition under MCR 2.116(C)(7), claiming that plaintiffs claims were barred by the affirmative defense of release. The trial court…