|
No. 134087
| Dimmitt & Owens Financial, Inc., and JMM |
|
Peter L. Arvant |
| Noteholder Representative, L.L.C., |
|
Eric A. Parzianello |
Plaintiffs-Appellants, |
|
|
| v |
(Appeal from Ct of Appeals) |
|
|
(Wayne - Curtis, D.) |
|
|
| Deloitte & Touche (ISC), L.L.C., Deloitte Services |
|
John P. Jacobs |
| Limited Partnership, a/k/a Deloitte & Touche, |
|
|
| L.L.P., and Philip Jennings, |
|
|
Defendants-Appellees, |
|
|
| and |
|
|
| Jane Doe and John Doe, |
|
|
| Defendants. |
|
|
| __________________________________________ |
|
|
Click to view briefs in Adobe format:
Plaintiffs-Appellants' Application for Leave to Appeal>>
Plaintiffs-Appellants' Supplemental Brief>>
Defendants-Appellees' Brief in Opposition to Application for Leave to Appeal>>
Defendants-Appellees' Supplemental Brief>>
Michigan Association of Certified Public Accountants' Amicus Curiae Brief>>
Background
Dimmitt & Owens Financial, Inc. and JMM Noteholder Representative, L.L.C. sued Deloitte & Touche and Philip Jennings, a Deloitte & Touche partner, for accounting malpractice and breach of contract in connection with the accounting firm’s external audit of Dimmitt’s financial reports. The plaintiffs filed suit in Wayne County, where Deloitte is located. The defendants filed a motion to change venue to Oakland County, where Dimmitt and JMM were located, and where Deloitte performed its work for Dimmitt. The circuit court denied the defendants’ motion. The Court of Appeals reversed in a published opinion, ruling that venue was appropriate in Oakland County pursuant to MCL 600.1629(1). MCL 600.1629(1) states in part that a tort action may be brought in the “county in which the original injury occurred” and in which the defendant “resides, has a place of business, or conducts business . . . .” The Court of Appeals held “that defendants’ alleged negligence in collecting and analyzing the data and information presented only the potential for future injury, but plaintiffs suffered the original injury when they relied on defendants’ allegedly faulty information in making investment decisions. The alleged damages flowed from this original injury, which occurred at Dimmitt’s place of business in Oakland County. Therefore, venue is proper in Oakland County.” The plaintiffs appeal.
Top of Page
|
