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HALIW v. CITY OF STERLING HEIGHTS

Docket No. 237269.

669 N.W.2d 563 (2003)

257 Mich. App. 689

Valeria HALIW and Ilko Haliw, Plaintiffs-Appellees/Cross-Appellants, v. CITY OF STERLING HEIGHTS, Defendant-Appellant/Cross-Appellee.

Court of Appeals of Michigan.

Decided August 5, 2003, at 9:10 a.m.

Released for Publication September 18, 2003.

Attorney(s) appearing for the Case

Haliw, Siciliano and Mychalowych (by Andrew J. Haliw and Raymond L. Feul), Farmington Hills, for the plaintiffs.

O'Reilly, Rancilio, Nitz, Andrews & Turnbull, P.C. (by Bert T. Ross), Sterling Heights, for the defendant.

Before: MARKEY, P.J., and WHITE and ZAHRA, JJ.

MARKEY, P.J.

This case presents the question whether "actual costs," as provided in MCR 2.403(O), include reasonable appellate attorney fees necessary to obtain a favorable verdict after rejection of a case evaluation.1 We hold that they do, and accordingly, reverse and remand for further proceedings in the trial court.

I. Overview of Facts and Proceedings

Mrs. Valeria Haliw...

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