Summary
The Michigan Supreme Court remanded the consolidated matters to the Court of Appeals for consideration of the reasonableness of attorney fees awarded by the circuit court. The remand was directed in light of C D Barnes Associates, Inc. v. Star Heaven, LLC, following the Court's decision in Ronnisch Construction Group, Inc. v. Lofts on the Nine, LLC.
Topics
Practice areas
Questions Presented
- Whether the Court of Appeals should consider the reasonableness of the attorney fees awarded by the circuit court in light of C D Barnes Associates, Inc. v. Star Heaven, LLC.
Holdings
- The case must be remanded to the Court of Appeals to consider the reasonableness of the attorney fees awarded by the circuit court in light of C D Barnes Associates, Inc. v. Star Heaven, LLC.
Key quotations
“we REMAND this case to the Court of Appeals for consideration of the reasonableness of the attorney fees awarded by the circuit court, in light of C D Barnes Associates, Inc v Star Heaven, LLC.” (at 3)
Factual background
The underlying litigation involved Asphalt Specialists, Inc. and numerous defendants and cross-parties in a construction-related dispute. The circuit court awarded attorney fees, and the Court of Appeals issued an August 7, 2014 judgment. The Supreme Court's order addresses only the need for appellate consideration of the reasonableness of that attorney-fee award.
Procedural history
The applications for leave to appeal were held in abeyance pending the Michigan Supreme Court's decision in Ronnisch Construction Group, Inc. v. Lofts on the Nine, LLC. After deciding Ronnisch on July 26, 2016, the Supreme Court reconsidered these matters and remanded them to the Court of Appeals for consideration of the reasonableness of the attorney fees awarded by the circuit court.
Remand instructions
The Court of Appeals must consider the reasonableness of the attorney fees awarded by the circuit court in light of C D Barnes Associates, Inc. v. Star Heaven, LLC.