Funderburk v. Fifth Third Bancorp, Michigan Court of Appeals (Unpublished), 12/28/10

The court held that the trial court did not abuse its discretion by dismissing the plaintiff's case due to her ongoing failure to comply with an escrow order and her "clear inability to do so in the future." This appeal concerned the trial [Circuit] court's order dismissing plaintiff's claims and disbursing the escrow monies to defendant [entered in a District Court eviction case]. The trial court entered an order granting defendant a default judgment after a hearing on defendant's motions alleging that plaintiff failed to make payments in accordance with the escrow order and to produce documents requested during discovery to support her claims she was not in default on the mortgage. Affirmed.  Full text of this opinion is available here.