Guy Hissong v. Stewart Bryce

Order Michigan Supreme Court
Lansing, Michigan

September 21, 2011 Robert P. Young, Jr.,
Chief Justice

142910 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
GUY HISSONG and BETHANY HISSONG, Brian K. Zahra,
Plaintiffs-Appellees, Justices

and SC: 142910
COA: 294956
MARK R. DANCER, Wexford CC: 06-019885-CE
Appellant,
v
STEWART BRYCE, CAROLYN BRYCE,
COUNTY OF WEXFORD, WEXFORD
COUNTY DEPARTMENT OF PUBLIC WORKS,
and WEXFORD COUNTY LANDFILL,
Defendants-Appellees,
and
JILANE FENNER and FENNER REAL ESTATE,
INC., a/k/a EXIT REALTY OF GREATER
CADILLAC,
Defendants.

_________________________________________/

On order of the Court, the application for leave to appeal the March 3, 2011
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals, for
the reasons stated in the Court of Appeals dissenting opinion, and we REMAND this case
to the Wexford Circuit Court for reconsideration of the defendants’ motion for sanctions
pursuant to MCR 2.114(D), (E), (F) and MCL 600.2591. On remand, if the circuit court
again assesses sanctions, we direct the court to determine whether the plaintiffs’ co-
counsel at the time of the defendants’ motion for summary disposition—James P. O’Neill
and Robert Charles Davis—should be held jointly and severally liable for the assessment,
along with the plaintiffs and their former attorney, Mark R. Dancer.

We do not retain jurisdiction.

I, Corbin R. Davis, 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.
September 21, 2011 _________________________________________
y0914 Clerk