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156341 - Sejasmi Industries, Inc v A+ Mold, Inc

Sejasmi Industries, Inc, .

 

Tracey L. Porter

 

 

Plaintiff/Counterdefendant-Appellee,

 

v

 

 

A + Mold, Inc., d/b/a Takumi Manufacturing Company,

(Appeal from Ct of Appeals)

(Macomb – Viviano, K)

 

 

Defendant/Cross-Defendant,

 

and

 

 

Quality Cavity, Inc.,

 

Daniel J. Broxup

 

Defendant/Counterplaintiff/Cross-Plaintiff/Third-Party Plaintiff-Appellant

 

and

 

 

  NKL Manufacturing, Inc.,                                Third-party Defendant.

Summary

Plaintiff Sejasmi Industries, Inc., is an automotive component supplier that contracted with defendant A+ Mold, Inc., d/b/a Takumi Manufacturing Company, for plastic injection molds. Takumi in turn subcontracted a portion of the manufacturing process to defendant Quality Cavity, Inc.  Pursuant to the Mold Lien Act, MCL 445.611 et seq., Quality, the moldbuilder, perfected its liens on four molds in the possession and use of Sejasmi, the molder, but for which Quality alleged that it had not been fully paid by Takumi as its “customer.” See MCL 445.611(a), MCL 445.619(1) and (2). Plaintiff filed this lawsuit, seeking in part a declaratory judgment that it was entitled to possession of the molds because Quality’s liens were extinguished under MCL 445.916(5). Quality filed a counter-claim, alleging that it was entitled to enforcement of its liens because it was still owed money for the molds. After lengthy proceedings, the trial court granted plaintiff a declaratory ruling that Quality’s liens were extinguished and dismissed Quality’s counter-claim. Quality appealed. Plaintiff filed a motion to affirm, which the Court of Appeals granted on the basis of law of the case doctrine arising from its earlier decision in the case in Docket No. 328292. The Supreme Court has directed oral argument on Quality’s application for leave to appeal. 

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