Opinion
SC: 161434 COA: 346403
02-02-2021
JODE INVESTMENTS, LLC, Club Golf Properties, LLC, and Club Golf Investors, LLC, Plaintiffs/Counterdefendants-Appellees, v. BURNING TREE PROPERTIES, LLC, Burning Tree Investors, LLC, Simone Mauro, Salvatore Dimercurio, and Sergio Gesuale, Defendants/Counterplaintiffs/Third-Party Plaintiffs-Appellants, and Anthony Marrocco and Anthony Fanelli, Third-Party Defendants-Appellees.
Order
On order of the Court, the application for leave to appeal the February 20, 2020 judgment of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE Part II-B of the judgment of the Court of Appeals and we REMAND this case to the Court of Appeals for reconsideration. The trial court did not rely upon MCL 600.6013(1) when it partially granted the defendants’ request for post-judgment interest, but instead cited its equitable authority. See Cyranoski v. Keenan , 363 Mich. 288, 294-295, 109 N.W.2d 815 (1961). On remand, the Court of Appeals shall determine: (1) whether the trial court abused its discretion by awarding post-judgment interest; and (2) if not, whether the trial court abused its discretion with respect to the interest accrual date it selected. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.
Viviano, J., did not participate due to a familial relationship with the presiding circuit court judge in this case.