The Michigan Court of Appeals recently applied the presumption for service by mail in LYONS v COATES (January 8, 2004, Case No. 242666). The memorandum opinion affirmed summary disposition against a party who claimed the motion papers were never received, contrary to the proof of service on file (excerpt):
Documents properly addressed and placed in the mail are presumed to reach their destination. Crawford v Michigan, 208 Mich App 117, 121; 527 NW2d 30 (1994). “This presumption may be rebutted by evidence, but whether it was is a question for the trier of fact.” Stacey v Sankovich, 19 Mich App 688, 694; 173 NW2d 225 (1969). Plaintiff denied receipt of the papers but presented no evidence to rebut the presumption of receipt. The mere denial of service is insufficient to rebut the presumption. Cf. Ins Co of North America v Issett, 84 Mich App 45, 49; 269 NW2d 301 (1978); James v James, 57 Mich App 452, 454; 225 NW2d 804 (1975). Under the circumstances, we find that the trial court did not abuse its discretion in denying plaintiff’s motion.
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