Hartman v. Associated Truck Lines

R. R. Lamb, J.

(concurring in part and dissenting in part.) I concur with the majority opinion except for the last paragraph which directs the trial court to determine whether the statutory attorney fees awarded by the trial court are a portion of, or to be paid in addition to, the attorney fees already paid by the client. To this I respectfully dissent.

*433The sole question raised on appeal is whether the trial court’s award of attorney fees was reasonable under the circumstances of this case. To address the question of the relationship between the statutory attorney fees and the fees actually paid to the attorney by the client injects an issue into this case which was not addressed in the trial court or developed in the record; not raised, briefed, or argued on appeal; and not required to be determined by MCL 500.3148(1); MSA 24.13148(1) or the cases construing this statute. Therefore, I do not agree with that portion of the opinion which directs consideration of this nonissue.