Summary
In Young v Nandi, 490 Mich 889, 890 (2011) (Young III), our Supreme Court reversed this Court's "judgment finding that the plaintiff is entitled to attorney fees and costs for posttrial work that occurred in the Oakland Circuit Court following the appellate process" and reinstated the trial court's ruling.
Summary of this case from Gerald L. Pollack & Assocs., Inc. v. PollackOpinion
Docket No. 143237.COA No. 292409.
2011-10-21
Daniel A. YOUNG, as Personal Representative of the Estate of Patricia J. Young, deceased, Plaintiff–Appellee/Cross–Appellant,v.Partha Shanker NANDI, M.D., Sante Bologna, M.D. and Troy Gastroenterology, P.C., d/b/a Center for Digestive Health, Defendants–Appellants/Cross–Appellees.
Prior report: Mich.App., 2011 WL 1687624.
Order
On order of the Court, the application for leave to appeal the May 3, 2011 judgment of the Court of Appeals and the application for leave to appeal as cross-appellant are considered. Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE that part of the Court of Appeals judgment finding that the plaintiff is entitled to attorney fees and costs for post-trial work that occurred in the Oakland Circuit Court following the appellate process, and we REINSTATE the circuit court's ruling in this regard. There is not a sufficient causal nexus between the post-appeal proceedings and the defendants' rejection of the case evaluation. MCR 2.403(O)(6)(b); Haliw v. Sterling Heights, 471 Mich. 700, 711 n. 8, 691 N.W.2d 753 (2005). In all other respects, the application for leave to appeal and the application for leave to appeal as cross-appellant are DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court. We REMAND this case to the Oakland Circuit Court for proceedings consistent with this order and the remand ordered by the Court of Appeals.
MICHAEL F. CAVANAGH and MARILYN J. KELLY, JJ., would grant the application for leave to appeal and the application for leave to appeal as cross-appellant.