The court... in a startling turn of events (ha ha ha)...denied our motion for reconsideration. Really! Can't say we were terribly surprised. Given the way things had been going, did we really think the judge would "reconsider" this mess and determine that perhaps they bungled things?? Oh well. It was an action we could take and it bought us a little time.
While the motion for reconsideration was pending, the plaintiff's attorney filed an answer (not allowed) as well as another motion. The motion wasn't allowed either. However, it produced a flurry of paperwork and legal expenses.
What next? Clearly the process set up by Mr. Meyer didn't work. The plaintiff was going to walk off with the cottage and he submitted multiple pages of attorney fees that he wanted paid. The total submitted by their counsel was $22,232.65 plus costs of $319.64. The pages of itemized expenses was rather revealing. Many calls to Stu, a lot of time spent with Rick, an amazing amount of money for trips to the court house and on and on and on. Example: On September 18, plaintiff's attorney charged 1 hour, 45 minutes ($350.00) to take the summons and complaint to the courthouse for filing. (it's about a 5 minute trip) 2. On Sept. 19, plaintiff's attorney charged 45 minutes to contact the process server. 3. On Nov. 8, plaintiff's attorney charged $200 to take the motion for summary disposition to the courthouse for filing. (he was getting quicker) Dictation must take Phil a very very very long time...numerous examples of just how long it took. Hmmm. Wow. Good work if you can get it. We argued that this was pretty stupid.
Motion for reconsideration was denied, motions to convey sale and reimburse attorney fees were filed, we filed a "stay" pending our appeal to the Michigan Court of Appeals. Boy were they pissed off. Stays are a good thing!!!
Lesson here, partition is costly. Things will happen you have no idea "could" happen. Naturally the relationship between siblings (David and mother) remained cool? Cold? Hostile? to say the least. Start talking about your future vision for your cottage. Are you all on the same page??? Are you sure??? Transfer to a LLC and start capturing this "good will".