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KUSMIERZ v. SCHMITT

Docket No. 258021.

708 N.W.2d 151 (2005)

268 Mich. App. 731

Joann KUSMIERZ, Kerry Kusmierz, Kim L. Lindebaum, James B. Lindebaum, and M Supply Co., Plaintiffs-Appellees, v. Joyce SCHMITT and Diane Rankin, Defendants-Appellants, and Ronald Schmitt, Defendant.

Court of Appeals of Michigan.

Decided November 15, 2005, at 9:15 a.m.

Released for Publication January 23, 2006.

Attorney(s) appearing for the Case

Skinner Professional Law Corporation (by David R. Skinner and Staci M. Richards), Bay City, for JoAnn Kusmierz and others.

Fraser Trebilcock Davis & Dunlap, P.C. (by Graham K. Crabtree and Nicole L. Proulx), Lansing, for Joyce Schmitt and Diane Rankin.

Before: BANDSTRA, P.J., and NEFF and DONOFRIO, JJ.

BANDSTRA, P.J.

This appeal raises issues concerning the case evaluation process under MCR 2.403. We conclude that the trial court erred in augmenting the value of the jury verdict because of an order granting plaintiffs injunctive relief and, as a result, awarding plaintiffs "actual costs" (including attorney fees) as a case evaluation sanction against defendants. MCR 2.403(O)(5) only authorizes that approach if it is "fair ... under all of the circumstances." Here...

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