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148931-3 - Fraser Trebilcock Davis & Dunlap PC v Boyce Trusts

Fraser Trebilcock Davis & Dunlap,
Michael H. Perry
(Appeal from Ct of Appeals)
(Midland – Lauderbach, J.)
Boyce Trust 2350, Boyce Trust 3649 and Boyce Trust 3650,
W. Jay Brown


The plaintiff law firm’s attorneys represented the defendant trusts in a complicated contract action. In this lawsuit, the plaintiff law firm successfully sued the defendants for unpaid attorney fees. The law firm did not retain outside counsel; it was represented by its own shareholders and associates. The jury awarded the law firm $70,000 in damages. The law firm then sought case evaluation sanctions, including reasonable attorney fees, under MCR 2.403(O)(6)(b). The circuit judge agreed that the law firm was entitled to attorney fees even though it was represented by its own attorney-employees; it then granted the law firm’s motion. Defendants appealed to the Court of Appeals, which affirmed this part of the trial court’s ruling in a published opinion.  Defendants appealed.
In an order dated October 1, 2014, the Supreme Court granted leave to appeal the February 6, 2014 judgment of the Court of Appeals and directed the Clerk to schedule oral argument on whether to grant the application or take other action.