Order Michigan Supreme Court
Lansing, Michigan
May 12, 2017 Stephen J. Markman,
Chief Justice
154591 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen
FRANCES A. MILLER, Kurtis T. Wilder,
Petitioner-Appellee, Justices
v SC: 154591
COA: 326300
Washtenaw CC: 11-001099-AA
BLUE CROSS BLUE SHIELD OF MICHIGAN,
Respondent-Appellant,
and
OFFICE OF FINANCIAL AND INSURANCE
REGULATION,
Respondent.
_________________________________________/
On order of the Court, the application for leave to appeal the September 6, 2016
judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in
lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and
we REMAND this case to the Washtenaw Circuit Court for entry of an order denying the
petitioner’s motion for attorney fees and costs. There is no basis in this case to conclude
that respondent presented a position that was “grossly lacking in the requirements of
propriety, violated court rules, or grossly disregarded the requirements of a fair
presentation of the issues to the court.” MCR 7.216(C). Further, the Court of Appeals
erred by equating the circuit court’s invalid finding of frivolousness under
MCL 600.2591 with a finding of vexatiousness under MCR 7.216(C).
WILDER, J., took no part in the decision of this case.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
May 12, 2017
p0509
Clerk