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Overview

Litigation Attorney

Mark is a member of the firm's Litigation and Trial Services Practice Team, and chair of the Family Law Team, with more than 20 years' experience in federal and state court jury and non-jury trials, international, federal and state-level arbitrations, and facilitative mediations. Mark was invited to join the Litigation Counsel of America Society in 2011, an honor extended to less than one percent of all attorneys in America.

Mark is a knowledgeable and effective trial attorney for national, state and community banks, private equity holders and receivers throughout Michigan, and has successfully enforced loan portfolios valued over $100 million in commercial disputes, breach of contract actions, note defaults, guaranty defaults, UCC disputes and loan documentation and workouts.

Property owner associations, banks, title companies, real estate brokers, and individual property owners rely on Mark to determine and protect their interests in ownership, title easement, boundary, and riparian rights disputes. His experience ensures that the contractual rights of project owners, contractors and subcontractors are protected in payment and design/construction disputes.

Mark has an extensive background in vigorously advocating for his clients' interests in divorce, post-judgment custody and parenting time modifications, judgment enforcement, and grandparenting time disputes. He also has significant experience in high net worth divorce cases.

Experience

Experience

Milford Housing v. Senior Care Properties (U.S. Bankruptcy Court, Eastern District of Michigan – Hon. Daniel Opperman, 2012), represented defendant in adversary proceeding dismissed by dispositive motion.

In re: SI Grand Traverse (US Bankruptcy Court, Western District of Michigan – Hon. Jeffrey R. Hughes, 2012), represented senior secured lender in Chapter 11 proceeding relating to a 74-room hotel. Successfully opposed repeated debtor motions for use of cash collateral, defeated debtor's plan of reorganization, and achieved confirmation of client's liquidation plan.

CB/Richard Ellis Grand Rapids v. McKay Tower Partners, et. al. (Kent County Circuit Court – Hon. George A. Buth, 2011); represented defendants in tortious interference dispute dismissed by dispositive motion, with counterclaim positively resolved through case evaluation.

Citizens Bank v. Kincaid Henry, et. al. (Ingham County Circuit Court – Hon. Joyce Draganchuk, 2011); represented plaintiff in action to enforce loan agreement and personal guarantees successfully resolved through entry of judgment after dispositive motion.

Macatawa Bank v. Doyon, et. al. (Ottawa County Circuit Court – Hon. Jon A. Van Allsburg, 2011); represented plaintiff in action to enforce loan agreement and personal guarantees successfully resolved through entry of judgment after dispositive motion.

A.G.K. Sarl v. A.M. Todd Company, et. al. (AAA/International Centre for Dispute Resolution Arbitration, 2010); represented respondents in commercial arbitration presented to panel of 3 international arbitrators in New York, New York.

First Federal of Northern Michigan v. Abacus Appraisals, et. al. (Cheboygan County Circuit Court – Hon. Scott L. Pavlich, 2010); represented plaintiff in professional negligence dispute successfully resolved through facilitative mediation.

J&D Investments v. First Federal of Northern Michigan (Cheboygan County Circuit Court – Hon. Scott L. Pavlich, 2009); represented defendant in lender liability dispute dismissed by dispositive motion.

Duck Lake Riparian Owners Association v. Shelton, et. al. (Michigan Court of Appeal, 2008); represented appellees/cross-appellants in affirmation of trial court's decision in appellees' favor and reversal of trial court's decision in appellant's favor in riparian rights case.

Kattula v. Republic Bank (Michigan Court of Appeals, 2008); represented appellee in affirmation of trial court's decision in account and endorsement dispute.

Pulte Homes v. Alpine Township (Michigan Supreme Court, 2008); represented appellee/cross-appellant in review of the Court of Appeal's decision affirming the trial court's determination in zoning action.

Frederick Wolfgang Industries, LLC v. A.J. Veneklasen, Inc. (AAA Arbitration, 2008); represented claimant in construction defect arbitration presented to single arbitrator in Grand Rapids, Michigan.

Kattula v. Republic Bank (Oakland County Circuit Court – Hon. Rudy J. Nichols, 2007); represented defendant in account and endorsement dispute. Plaintiffs' claims were dismissed and judgment was entered on defendant's counterclaims by dispositive motion.

Pulte Homes v. Alpine Township (Michigan Court of Appeals, 2006); represented appellee/cross-appellant in affirmation of trial court's decision in zoning action.

Duck Lake Riparian Owners Association v. Shelton, et. al. (Muskegon County Circuit Court - Honorable William C. Marietti, 2006); represented defendants in riparian rights case dismissed by dispositive motion.

Nickels v. Dreamride, LLC (Allegan County Circuit Court - Honorable George R. Corsiglia, 2006); represented plaintiff in implied easement case tried to the court.

Erker v. Chatham (Allegan County Circuit Court - Honorable Harry A. Beach, 2005); represented plaintiff in partition action tried to the court.

Schumacher v. DeLisle (Van Buren County Circuit Court – Honorable William C. Buhl, 2004); represented defendants in property boundary dispute tried to the court.

Pulte Homes v. Alpine Township (Kent County Circuit Court – Honorable George S. Buth, 2004); represented plaintiff in zoning action tried to the court.

Rohde v. Atlantis Campus Communities (AAA Arbitration, 2003); represented claimant in contract/construction arbitration presented to three-member arbitration panel in Lansing, Michigan.

Westwind Construction v. Boersema Real Estate (Muskegon County Circuit Court – Honorable Timothy G. Hicks, 2002); represented defendant in construction cost dispute tried to the court.

Pte Aux Barques v. Waterwoods Development (Huron County Circuit Court – Honorable M. Richard Knoblock, 2001); represented defendant in boundary dispute tried to the court.

Lee v. Lundy (Kent County Circuit Court – Honorable Donald A. Johnston, III, 2001 ); represented plaintiff in auto negligence case tried to a jury.

Beukema v. Visser Bros. (AAA Arbitration, 2000); represented respondent in construction arbitration presented to arbitrator in Grand Rapids, Michigan.

Kent County Road Commission v. Summers (Kent County Circuit Court – Honorable Dennis C. Kolenda, 2000); represented plaintiff in condemnation action tried to the court.

Walters v. Kent County Road Commission (63-2 District Court – Honorable Sara J. Smolenksi, 1999); represented defendant in negligence action tried to a jury.

Leadership

Honors & Recognitions

Litigation Counsel of America, fellow

Martindale-Hubbell® Distinguished™ Peer Review Rated

Professional Affiliations

Grand Rapids Bar Association: Litigation Section; Real Property Section; Jury Representation Committee

Ottawa County Bar Association

State Bar of Michigan: Litigation Section; Real Property Section; Family Law Section; American Indian Law Section

Wisconsin Bar Association, Litigation Section

Community Involvement

City of Grand Haven, Michigan: Construction Board of Appeals, 2004 - 2009; Planning Commission, 2010 - present

Grand Rapids Junior Chamber of Commerce Foundation, legal counsel, 2005 - 2007

Lakeshore Ethnic Diversity Alliance, Summer Migrant Reading Program, 2012 - present

Michigan Junior Chamber of Commerce, legal counsel, 1996 - 1998

Rotary Club of Grand Haven, Board of Directors, 2011 - present

Tri-Cities Habitat for Humanity, Construction Committee, 2006 - 2007

News & Publications

Speaking Engagements

Presentations

Presenter, "The Legal Landscape: Construction Law Issues," American Institute of Constructors, Michigan Chapter, April 2004

Publications

Certifications

Certifications

State Certified Civil Mediator

Education

University of Toledo College of Law
Toledo, Ohio
J.D., 1992

University of Michigan
Ann Arbor, Michigan
B.A., Political Science, 1989

Bar Admissions

  • Michigan
  • Wisconsin

Court Admissions

  • All Michigan state courts
  • All Wisconsin state courts
  • United States Court of Appeals for the Sixth Circuit
  • United States Court of Federal Claims
  • United States District Court for the Eastern District of Michigan
  • United States District Court for the Western District of Michigan
  • United States District Court for the Eastern District of Wisconsin
  • United States Supreme Court
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