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HALIW v. CITY OF STERLING HEIGHTS

Docket No. 125022. Calendar No. 5.

691 N.W.2d 753 (2005)

471 Mich. 700

Valeria HALIW and Ilko Haliw, Plaintiffs-Appellants, v. CITY OF STERLING HEIGHTS, Defendant-Appellee.

Supreme Court of Michigan.

Decided January 25, 2005.

Attorney(s) appearing for the Case

Haliw, Siciliano, Mychalowych, Van Dusen and Feul, P.L.C. (by Raymond L. Feul, Elaine Stypula, and Lindsay James), Farmington Hills, MI, for the plaintiffs.

O'Reilly Rancilio P.C. (by Robert Charles Davis and William N. Listman), Sterling Hts., MI, for the defendant.

John P. Jacobs, P.C. (by John P. Jacobs), Detroit, MI, for amicus curiae, Michigan Defense Trial Counsel, Inc.

OPINION

MICHAEL F. CAVANAGH, J.

At issue in this case is whether appellate attorney fees and costs are recoverable as case evaluation sanctions under MCR 2.403(O). We hold that "actual costs" pursuant to MCR 2.403(O) do not include appellate attorney fees and costs. Because the Court of Appeals held to the contrary, we reverse its decision, reinstate the trial court's award, and remand the case to the Court of Appeals for consideration of plaintiffs...

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