On order of the Court, the application for leave to appeal the May 25, 2004 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals, and AFFIRM the judgment of the Kalamazoo Circuit Court for the reasons stated in this order. The parties agreed to settle defendant's wrongful death action for $300,000. After defendant dismissed the action, plaintiff refused to pay the...
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