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

Docket No. 128560. COA No. 238521.

742 N.W.2d 120 (2007)

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

Supreme Court of Michigan.

December 20, 2007.

On November 8, 2007, the Court heard oral argument on the application for leave to appeal the April 27, 2005, judgment of the Court of Appeals. On order of the Court, the application is again considered. MCR 7.302(G)(1). In lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals. To be awarded attorney fees as a "prevailing party" under MCL 570.1118(2), the party must prevail on the lien foreclosure action. In this case, the unpaid subcontractors...

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