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SMITH v. KHOURI

Docket No. 132823. Calendar No. 4.

751 N.W.2d 472 (2008)

Kevin SMITH, Plaintiff-Appellee, v. Louie KHOURI, D.D.S., Louie Khouri, D.D.S., P.C., and Advanced Dental Care Clinic, L.L.C., Defendant-Appellant.

Supreme Court of Michigan.

Decided July 2, 2008.

Attorney(s) appearing for the Case

Robert Gittleman Law Firm, PLC, by (Robert Gittleman), Farmington Hills, for the plaintiff.

Van Belkum & Felty, P.C. (by Gary N. Felty, Jr.), Plymouth, for the defendants Amici Curiae.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Ann M. Sherman, Assistant Attorney General, for the Attorney General.

Kienbaum Opperwall Hardy & Pelton, P.L.C. (by Eric J. Pelton and Noel D. Massie), Birmingham, for the State Bar of Michigan.

Vandeveer Garzia (by Thomas Peters) and Wascha, Waun & Parillo, P.C. (by Thomas W. Waun), Troy, Grand Blanc, for the Negligence Section of the State Bar of Michigan.

Robert M. Raitt, Southfield, for the Michigan Association for Justice.

TAYLOR, C.J.

In this case, we review a trial court's award of "reasonable" attorney fees as part of case-evaluation sanctions under MCR 2.403(O) calculated under some of the factors we listed in Wood v. Detroit Automobile Inter-Ins. Exch., 413 Mich. 573, 321 N.W.2d 653 (1982), and Rule 1.5(a) of the Michigan Rules of Professional Conduct. We take this opportunity to clarify that the trial...

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