2013-01-31 / Court News

34th Circuit Court

Judge Michael J. Baumgartner presided in 34th Circuit Court, Roscommon, Dec. 3:

No. 12-72-9793, Haze Vintapatr vs. Jeff and Leslie Girardin, court finds for plaintiff on a motion for entry of default judgment and the judgment was submitted and signed; No. 10-72-8680, Debra Tonda vs. Auto Owners Insurance Company and Home Owners Insurance Company, judge signed order granting plaintiff’s motion to approve disbursement of settlement; No. 12-72-9939, James A. Patrick Jr. and Carla L. Patrick vs. Dewey L. Flaugher Trust (trustee Laurel M. Flaugher) and Laurel M. Flaugher Trust, attorneys met in chambers with judge on a motion to compel discovery and an order was to be prepared within 21 days; No. 12-72-9701, Stanley D. Christler vs. Russell A. Jaynes, parties trying to settle and a trial date was set for Jan. 31; No. 11-72-9213, Robert D. Foulkes vs. Maxine Wegner, at a miscellaneous hearing on a bench warrant for contempt of court for failure to appear, an estimate of items in question will be prepared and the attorney is to disburse half of the amount owed within 10 days; No. 11-72-9510, Debra Gross-Surfus and McGregor Chiropractic, PLLC, vs. Jean E. Kemp and Farm Bureau Insurance Company, settlement reached between plaintiff and the first defendant; No. 11-72-9493, Frank T. Demaree vs. A & K Enterprises, Inc., Brian L. Eaves and Beth Eaves, motion for summary disposition was denied; and No. 12-72-9797, Hubert Shaw vs. Gerrish Township Zoning Board, for reasons placed on record, the court is reversing the board with conditions.

Judge Baumgartner presided Dec. 4:

Roger J. Breyer, 63, Prudenville, at a motion hearing, his attorney was granted a motion to withdraw as counsel.

Ryan D. Smagacz, 28, St. Helen, pleaded guilty to impaired driving, third offense (amended from driving while intoxicated, third offense). Dismissed were charges of transporting alcohol in an open container and driving with a suspended license. He was scheduled to be sentenced.

Kevin W. Reed, 29, Alger, pleaded guilty to breaking and entering with intent (a habitual offender charge was dismissed) and he was scheduled to be sentenced.

Alizabeth B. Ferris, 20, Roscommon, is ready for second pretrial and a final plea cut-off was scheduled for Feb. 14 and a jury trial was scheduled for March 7. She is charged with filing a false report of a felony.

Amanda J. Blank, 29, Burt, was sentenced on a charge of impaired driving, third offense, to eight months in jail (credit for 48 days), 18 months probation, $550 in fines and costs, a $50 attorney fee, a $100 cost of prosecution fee and $198 in other court assessments.

Jeffrey Thurston II, 34, St. Helen, was sentenced on charges of possession of a controlled substance, impaired driving, third offense, and possession of marijuana to six months in jail on the first and third counts and eight months in jail on the second count (credit for five days on all of the sentences, which are concurrent). He was ordered to serve 18 months probation and to pay $600 in fines and costs, a $100 attorney fee, a $200 cost of prosecution fee, and $334 in other court assessments.

Scott B. Brown, 48, Rose City, was sentenced on charges of possession of less than 25 grams of a controlled substance and possession of a controlled substance (non-narcotic) to nine months in jail (credit for two days with the balance of jail time to be held in abeyance), 12 months probation, $100 in fines and costs, a $50 attorney fee and $198 in other court assessments.

Michael C. Williams, 38, Alger, stood mute to a probation violation and a pretrial hearing was set.

Paul J. Vezina II, 26, Alger, stood mute to a charge of delivery/manufacture of a controlled substance and a pretrial hearing and jury trial were scheduled.

Jonathan J. Waugh, 23, Roscommon, pleaded guilty to malicious destruction of a building between $200 and $1,000 (amended from malicious destruction of a building between $1,000 to $20,000) and was scheduled to be sentenced.

David A. Dewitt, 52, Roscommon, was sentenced on charges of third degree fleeing and eluding, driving with a suspended license and unlawful use of a license plate to seven months in jail (credit for six days), 18 months probation, $300 in fines and costs, a $500 attorney fee and $298 in other court assessments.

Joshua Otis, 29, Lansing, was sentenced to six months in jail (credit for 24 days), 18 months probation, $400 in fines and costs, a $200 attorney fee and $198 in other court assessments. Otis had pleaded guilty to felonious assault.

Civil case heard: No. 11-72-9258, Terry Banks vs. Auto Club Group Insurance, defendant’s motion to dismiss was deferred at this time and a settlement conference was held in chambers.

Lawsuits filed

No. 13-72-1146, Patricia L. O’Rourke, West Branch, vs. Queen Nails, Prudenville, negligence (pedicure); No. 13-72-1153, Robert Lucus, Houghton Lake, and Adam Lucus, a minor by his next friend, Robert Lucus, his father, vs. Edward A. Korbinski III and Nicole Korbinski, Houghton Lake, negligence (dog bite); and No. 13-72-1154, Daniel Morse, Houghton Lake, individually and as personal representative of the estate of Delton Morse, vs. J.P. Morgan Chase Bank, N.A., declaratory relief: set aside sheriff’s deed because defendant did not have standing to foreclose by advertisement, declaratory relief: set aside sheriff’s deed because defendant was equitably or judicially estopped from foreclosure by advertisement, and detrimental reliance, plaintiff individually.

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