Legal Opinion

Walters v. Nadell

Michigan Supreme Court

Decided June 25, 2008No. Docket 131479PublishedCited by 184 opinions

1Per curiam

The issue in this case is whether plaintiff may avail himself of the tolling provision of the Service-members Civil Relief Act (SCRA)1 when he failed to raise that provision in response to a motion for summary disposition by defendant. We hold that he may not. In lieu of granting leave to appeal, MCR 7.302(G)(1), we affirm the judgment of the Court of Appeals, but for a different reason. We vacate that *380portion of the Court of Appeals judgment holding that the SCRA tolling provision is discretionary; the tolling provision is mandatory. We hold, however, that the Court of Appeals did not err by…

2Cases cited19 opinions

  1. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  2. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
  3. Maiden v. RozwoodMichigan Supreme Court · 1999
  4. Freytag v. CommissionerSupreme Court of the United States · 1991
  5. Rubin v. United StatesSupreme Court of the United States · 1981

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3Cited by184 opinions

  1. People v. CameronMichigan Court of Appeals · 2011
  2. Jawad a Shah Md Pc v. State Farm Mutual Automobile Insurance CoMichigan Court of Appeals · 2018
  3. Henry v. Dow Chemical Co.Michigan Supreme Court · 2009
  4. Duray Development, LLC v. PerrinMichigan Court of Appeals · 2010
  5. Johnson Family Ltd. Partnership v. White Pine Wireless, LLCMichigan Court of Appeals · 2008

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