Opinion
No. 125193.
November 29, 2004.
SC: 125193.
Summary Dispositions.
In lieu of granting leave to appeal, part V of the Court of Appeals decision, which affirms the attorney fee awards and rules that they were granted pursuant to MCL 570.1118(2), is vacated. MCR 7.302(G)(1). The Court of Appeals clearly erred by finding that the Oakland Circuit Court's "final order stated that attorney fees were awarded against Decina pursuant to the CLA [Construction Lien Act, MCL 570.1101 et seq.]." 258 Mich App 419, 428 n 3 (2003). The attorney fee awards in the November 7, 2001, Oakland Circuit Court judgment neither refer to nor rely on the CLA. The case is remanded to the Court of Appeals for further consideration consistent with this order. The Court of Appeals, on remand, may, while retaining jurisdiction, remand the case to the Oakland Circuit Court for additional proceedings or hearings, if necessary. In all other respects, leave to appeal is denied. Jurisdiction is not retained. Reported below: 258 Mich App 419.