Opinion
No. 122044-5.
May 22, 2003.
COA: 228358, Wayne CC: 98-841301-CH
SC: 122045, COA: 228360, Wayne CC: 98-841301-CH
On order of the Court, the application for leave to appeal the April 30, 2002 judgment of the Court of Appeals is considered, and it is DENIED because we are not persuaded that the questions presented should now be reviewed by this Court. We further find that the plaintiffs' application for leave to appeal to this Court constitutes a vexatious proceeding under MCR 7.316(D)(1), and we ORDER that plaintiffs pay to defendants actual damages attributable to proceedings in this Court. We REMAND the case to the Wayne Circuit Court for calculation of the amount of damages and entry of an appropriate order.
Cavanagh, Weaver, and Kelly, JJ., would not award damages under MCR 7.316(D).