Order Michigan Supreme Court
Lansing, Michigan
November 29, 2006 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
130187 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
JOANN KUSMIERZ, KERRY KUSMIERZ, Justices
KIM L. LINDEBAUM, JAMES B.
LINDEBAUM, and M SUPPLY CO.,
Plaintiffs-Appellants,
v SC: 130187
COA: 258021
Bay CC: 01-003467-CZ
JOYCE SCHMITT and DIANE RANKIN,
Defendants-Appellees,
and
RONALD SCHMITT,
Defendant.
_________________________________________/
On November 14, 2006, the Court heard oral argument on the application for leave
to appeal the November 15, 2005 judgment of the Court of Appeals. On order of the
Court, the application is again considered. MCR 7.302(G)(1). In lieu of granting leave
to appeal, we REVERSE that part of the Court of Appeals judgment assessing case
evaluation sanctions, and REMAND this case to the Bay Circuit Court for further
proceedings not inconsistent with this order. Because the parties stipulated to a lump
sum case evaluation award, there was no “amount of the evaluation . . . as to . . .
particular pair[s] of parties” for purposes of MCR 2.403(O)(4)(a). Without such an
amount, the court cannot compare the verdict to the case evaluation award for each pair
of parties as required by the court rules, and the court cannot determine whether either
party received a more favorable verdict. Therefore, neither party is entitled to case
evaluation sanctions. Plaintiffs are directed to reimburse defendants for the case
evaluation sanctions that have already been paid.
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.
November 29, 2006 _________________________________________
d1121 Clerk