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H.A. SMITH LUMBER & HARDWARE CO. v. DECINA

Docket No. 238521.

670 N.W.2d 729 (2003)

258 Mich. App. 419

H.A. SMITH LUMBER & HARDWARE COMPANY, Plaintiff/Counterdefendant-Appellee, v. John DECINA, Defendant/Cross-Defendant-Appellant, and John Decina Development Company, Third-Party Defendant/Cross-Defendant/Counterplaintiff-Appellant, and Linas P. Gobis and Lydia K. Gobis, Defendants/Cross-Defendants/Cross-Plaintiffs/Counterdefendants-Appellees, and William Gardella, d/b/a Williams Glass Company, Defendant/Counterplaintiff/Cross-Plaintiff/Third-Party Plaintiff-Appellee.

Court of Appeals of Michigan.

Decided September 16, 2003, at 9:00 a.m.

Released for Publication November 10, 2003.

Attorney(s) appearing for the Case

Jerome & Austin, P.C. (by James R. Austin), Northville, for H.A. Smith Lumber & Hardware Company.

Jonas Sniokaitis, Livonia, for Linas and Lydia Gobis.

Rosati Associates, P.C. (by A.D. Rosati), West Bloomfield, for John Decina and John Decina Development Company.

Before: TALBOT, P.J., and NEFF and KRISTEN FRANK KELLY, JJ.

KRISTEN FRANK KELLY, J.

In this construction contract case, John Decina (Decina) and John Decina Development Company (Decina Co.), appeal as of right a judgment, entered following a bench trial, ordering Decina to pay $9,233 in damages plus $9,000 in attorney fees to H.A. Smith Lumber and Hardware Company (Smith), and $5,355 in damages plus $3,000 in attorney fees to William Gardella, doing business as Williams Glass Company...

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