DAIIE v. McMillan

In DAIIE v. McMillan, 97 Mich. App. 687; 296 N.W.2d 147 (1980), rev'd on other grounds 417 Mich. 946, 332 N.W.2d 149, plaintiffs filed a claim of appeal. Defendants filed two motions to "dismiss", which were treated by the Court as motions to affirm the lower court. The motions were dismissed without comment. On appeal, defendants attempted to raise the issues, which were found to be without merit when this Court denied the motions to dismiss. The Court ruled that because no cross-appeal was filed, the issues would not be reconsidered. McMillan, 97 Mich. App. at 695-696.