Kitchen v. Kitchen

Defendants appeal by leave granted an order granting plaintiffs’ motion to strike defendants’ motion for summary disposition and imposing sanctions against defendants’ attorney for using plaintiffs’ mediation summary as an exhibit for defendants’ motion for summary disposition. We affirm the motion to strike, but reverse the award of sanctions.

Plaintiff William Kitchen and defendant Robert Kitchen are brothers who were partners in Kitchen Farms, a Michigan partnership that owned real property and conducted a farming business. Each brother was also a fifty percent shareholder in Kitchen Farms,…