Marketplace of Rochester Hills Parcel B, LLC v. Comerica Bank

reported below: 309 Mich App 579. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we vacate those parts of the Court of Appeals judgment stating that the same transaction test for compulsory joinder and res judicata is “if the same facts or evidence are essential to the maintenance of the two actions” and whether the two claims “concern identical evidence or essential facts.” The proper test is “ Vhether the facts are related in time, space, origin or motivation, [and] whether they form a convenient trial unit ....’” Adair v Michigan, 470 Mich 105, 125 (2004), quoting 46 Am…