Order Michigan Supreme Court
Lansing, Michigan
March 21, 2008 Clifford W. Taylor,
Chief Justice
128560(93) Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
H.A. SMITH LUMBER & HARDWARE CO., Robert P. Young, Jr.
Plaintiff/Counter- Stephen J. Markman,
Justices
Defendant/Appellee,
v SC: 128560
COA: 238521
Oakland CC: 1999-015436-CZ
JOHN DECINA,
Defendant/Cross-
Defendant/Appellant,
and
JOHN DECINA DEVELOPMENT CO.,
Third Party Defendant/Cross-
Defendant/Counter-Plaintiff/
Appellant,
and
LINAS P. GOBIS and LYDIA K. GOBIS,
Defendants/Cross-Plaintiffs/
Cross-Defendants/Counter-
Defendants/Appellees,
and
WILLIAM GARDELLA d/b/a WILLIAMS
GLASS CO.,
Defendant/Counter-Plaintiff/
Cross/Plaintiff/ Third Party
Plaintiff/Appellee.
_________________________________________/
On order of the Court, the motion for reconsideration of this Court’s December 20,
2007 order is considered, and it is GRANTED. On reconsideration, we REMAND this
case to the Oakland Circuit Court to determine whether plaintiff H.A. Smith Lumber &
Hardware Company can recover attorney fees under its contract with defendant John
2
Decina. Although attorney fees were not recoverable under the Construction Lien Act
(CLA), MCL 570.1101 et seq., as held in our decision in this case, 480 Mich 987 (2007),
they may be recoverable under the contract between the parties.
KELLY, J., concurs and dissents and states as follows:
I concur in the decision to grant the motion for reconsideration. But I dissent from
the decision to remand the case to the trial court to consider whether plaintiff H.A. Smith
Lumber & Hardware Company can recover attorney fees. I would reinstate the award of
attorney fees for the reasons stated in Justice Cavanagh’s dissenting statement in this
case, 480 Mich 987, 988 (2007).
CAVANAGH, J., joins the statement of KELLY, J.
WEAVER, J., would grant reconsideration and, on reconsideration, would grant
leave to appeal.
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.
March 21, 2008 _________________________________________
s0318 Clerk