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MENHENNICK FAMILY TRUST v. MENHENNICK

No. 342391.

927 N.W.2d 741 (2018)

326 Mich. App. 504

MENHENNICK FAMILY TRUST, BY Paul MENHENNICK, Individually and as Trustee, Dennis Menhennick, and Patrick Menhennick, Plaintiffs-Appellees, and Ilean Menhennick Irrevocable Trust, by Jennifer Wagener, Trustee, Plaintiff/Counterdefendant-Appellee, and Menhennick Enterprises, Inc., also Known as Shareholders of Menhennick Enterprises, Inc., and Harvey Oil Company, Inc., Plaintiffs, v. Timothy Menhennick, Defendant/Counterplaintiff-Appellant.

Court of Appeals of Michigan.

November 27, 2018, 27, 9:10 a.m.

Attorney(s) appearing for the Case

Graybill & Mead, PLLC, Ishpeming (by Richard M. Graybill ) for plaintiffs.

Knaggs Brake, PC (by David R. Brake , Lansing) for defendant.

Before: Murphy, P.J., and Sawyer and Swartzle, JJ.

This case presents a question of first impression, namely whether MCL 450.1421(6) precludes voiding a shareholder's proxy on the basis of incompetence when the shareholder had not been declared incompetent before the proxy was given. We conclude that it does not.

Plaintiff Harvey Oil Company...

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