Order Michigan Supreme Court
Lansing, Michigan
October 24, 2007 Clifford W. Taylor,
Chief Justice
134217 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
WEST MICHIGAN MECHANICAL, INC., Maura D. Corrigan
Plaintiff-Appellee, Robert P. Young, Jr.
Stephen J. Markman,
Justices
v SC: 134217
COA: 276613
Ottawa CC: 06-054696-CZ
WEST MICHIGAN MECHANICAL
SERVICES, L.L.C., a/k/a QUADD CITY
MECHANICAL, L.L.C.,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the March 15, 2007 order
of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of
granting leave to appeal, we VACATE the order of the Court of Appeals and REMAND
this case to the Court of Appeals for plenary consideration. Because the February 12,
2007 order of the Ottawa Circuit Court is a postjudgment order awarding attorney fees
and costs, it is a final order under MCR 7.202(6)(a)(iv) that is appealable as a matter of
right under MCR 7.203(A)(1). We note that there is nothing in the language of MCR
7.202(6)(a)(iv) that distinguishes between postjudgment orders awarding attorney fees
incurred prior to a final judgment and such orders awarding attorney fees incurred after
final judgment has entered. Moreover, the phrase "other law or court rule" cannot be read
as limiting the scope of the rule to orders involving attorney fees incurred prior to entry
of a final judgment. Had this Court intended the rule to limit appeals of right from
postjudgment orders awarding attorney fees to those involving attorney fees incurred
after a final judgment, it would have included language to that effect in the court rule.
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.
October 24, 2007 _________________________________________
l1017 Clerk