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Cooke Contracting Co. v. Department of State Highways
Citations: 190 N.W.2d 683; 34 Mich. App. 139; 1971 Mich. App. LEXIS 1584Docket: Docket 10539
Court: Michigan Court of Appeals; May 27, 1971; Michigan; State Appellate Court
Plaintiff Cooke Contracting Company filed a petition in the Michigan Court of Claims on June 15, 1970, seeking $5,254.51 in damages related to a 1962 highway construction contract. Defendants moved for accelerated judgment on July 22, 1970, claiming the court lacked jurisdiction due to plaintiff's failure to specify when the claim arose, a requirement under MCLA 600.6431(1). A hearing was held on October 15, 1970, and judgment was granted 13 days later based on a different argument presented at the hearing, specifically that the plaintiff failed to file within one year of the cause of action accruing. The appellate court identified a significant misunderstanding between the parties regarding the grounds for the motion. The plaintiff was surprised by the defendants' argument and was denied additional time to prepare a brief in response. The court ruled that defendants had not adhered to procedural rules, which require clear notification of the specific grounds for a motion and sufficient notice before a hearing. The failure to follow these rules compromised the adversarial process, necessitating a remand for a rehearing of the defendants' motion, while the court did not retain jurisdiction. Costs were to await the outcome of the rehearing.