Order Michigan Supreme Court
Lansing, Michigan
October 29, 2010 Marilyn Kelly,
Chief Justice
141339 & (65) Michael F. Cavanagh
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
Diane M. Hathaway
GERALD EDWARDS, Alton Thomas Davis,
Plaintiff-Appellee, Justices
v SC: 141339
COA: 280023
Washtenaw CC: 06-000782-AV
CAPE TO CAIRO, L.L.C.,
Defendant-Appellant.
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On order of the Court, the motion for leave to file brief amicus curiae is
GRANTED. The application for leave to appeal the March 18, 2010 judgment of the
Court of Appeals is considered, and it is DENIED, because we are not persuaded that the
questions presented should be reviewed by this Court.
MARKMAN, J. (dissenting).
In the summer of 2001, plaintiff planned a trip to Africa. He prepaid defendant, a
tour operator, for trip expenses, including airline tickets. After the 9/11 disaster, plaintiff
cancelled the trip and sought a refund of his prepayments. The airlines that received
these prepayments provided full refunds, but defendant sought to retain a portion of
plaintiff’s prepayments. The district court ruled that defendant must return all of the
prepayments and pay attorney fees under the Michigan Consumer Protection Act
(MCPA), and the circuit court and the Court of Appeals affirmed.
Defendant’s contract clearly states that “a minimum fee of $75 [is imposed] on all
returned/cancelled tickets.” Nothing in this contract states that this fee will only be
charged where the airlines also charge such a fee. This is defendant’s own fee, and
plaintiff, by contracting with defendant to pay for tour expenses on his behalf, agreed to
the cancelled ticket fee. Therefore, I would reverse the Court of Appeals in relevant part.
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.
October 29, 2010 _________________________________________
s1026 Clerk