Opinion
No. 124426.
January 29, 2004. July 16, 2004.
Summary Disposition.
No. 124426. In lieu of granting leave to appeal, the judgment of the Court of Appeals awarding defendant Chrysler prejudgment interest under MCL 600.6013 from the date plaintiff filed its complaint is reversed in part, and the case is remanded to the Bay Circuit Court for entry of an order amending the judgment's award of prejudgment interest. MCR 7.302(G)(1). Prejudgment interest accrues from the date that the complaint is filed against the party upon whom prejudgment interest is being taxed. Rittenhouse v. Erhart, 424 Mich 166, 217-218 (1985) (opinion by RILEY, J.). Defendant did not timely file a counterclaim. Although defendant was given permission by the circuit court on November 15, 2001, to do so, it did not file a counterclaim until November 26, after judgment had been entered. Defendant is therefore not entitled to prejudgment interest. In all other respects leave to appeal is denied. The motion to file a brief amicus curiae by Auto Club Insurance Association is denied as moot. Jurisdiction is not retained. Reported below: 257 Mich App 585.
Reconsideration denied.