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STATE OF MICHIGAN
COURT OF APPEALS


CHARLES F. FAWCETT, Plaintiff-Appellee, and LINDA S. FAWCETT, MICHAEL P. REINERTSEN, CHERYL L. REINERTSEN, and NORTHWESTERN SAVINGS BANK & TRUST, Plaintiffs/Counter-DefendantsAppellees, v KATHERINE T. HANNAH, Personal Representative for the Estate of ANNETTE C. MEYER, JOSEPH ELFELT, JOAN F. ELFELT, and STEPHEN M. ELFELT, Defendants/Counter-PlaintiffsAppellants, and CLARENCE J. MEYER and CLEMENT B. MEYER, Defendants/Counter-Plaintiffs.

UNPUBLISHED October 4, 2007

No. 268094 Kalkaska Circuit Court LC No. 98-006213-PZ

Before: Bandstra, P.J., and Zahra and Owens, JJ. PER CURIAM. Defendants/counter-plaintiffs Katherine T. Hannah, as personal representative of the Estate of Annette C. Meyer, Joseph Elfelt, Joan F. Elfelt, and Stephen M. Elfelt (hereafter,

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"defendants")1 appeal as of right the trial court's December 19, 2005 post-judgment order granting a motion by plaintiff Charles F. Fawcett, and plaintiffs/counter-defendants Linda S. Fawcett, Michael P. Reinertsen, Cheryl L. Reinertsen, and Northwestern Savings Bank & Trust (hereafter "plaintiffs") to enforce the November 19, 2003 judgment and judicial lien. We reverse and remand for further proceedings consistent with this opinion. These parties have been before this Court on several prior occasions during the course of this dispute over six parcels of former farmland, totaling approximately 436 acres, in Kalkaska County (hereafter "the property"). On January 21, 2004, this Court dismissed as premature an initial appeal of the trial court's award of a money judgment and judicial lien on defendants' interest in the property "because an order was not entered when this claim of appeal was filed that had set forth the revised amount in damages." Fawcett v Meyer, unpublished order of the Court of Appeals, entered January 21, 2004 (Docket No. 253087). The trial court amended the November 19, 2003 judgment accordingly, and a timely claim of appeal of the judgment and judicial lien was then filed (Docket No. 253819). A separate claim of appeal was filed with respect to the trial court's denial of sanctions (Docket No. 259595). These two matters were consolidated, and this Court affirmed the lower court's judgment and order in an unpublished opinion dated September 15, 2005. Fawcett v Estate of Meyer, unpublished opinion per curiam of the Court of Appeals, issued September 15, 2005 (Docket Nos. 253819; 259595). This Court denied a motion for reconsideration on November 22, 2005, Fawcett v Meyer, unpublished order of the Court of Appeals (Docket Nos. 253819; 259595). Our Supreme Court then denied defendants leave to appeal this Court's decision on April 28, 2006, Fawcett v Estate of Meyer, 474 Mich 1128; 712 NW2d 478 (2006), and denied defendants' motion for reconsideration of that decision on June 26, 2006. Fawcett v Estate of Meyer

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