Minority Earth Movers, Inc. v. Walter Toebe Construction Co.

Defendant appeals by delayed leave granted, arguing that the trial court erred as a matter of law in entering two separate judgments, each for the full amount of separate mediation evaluations, in accordance with the parties’ acceptance of the mediation evaluations. We reverse and remand.

I. FACTS AND PROCEDURAL HISTORY

The parties entered into a written contract after defendant, a general contractor, hired plaintiff, a sub contractor, to perform certain services in connection with a road and bridge project in Redford Township. Thereafter, plaintiff filed a lawsuit against defendant, claiming…