Christensen v. Christensen

Full title: CHRISTENSEN v CHRISTENSEN (AFTER REMAND)

Court: Michigan Court of Appeals

Date published: Jun 22, 1983

370 N.W.2d 311 (Mich. Ct. App. 1983)

370 N.W.2d 311

Opinion

Docket Nos. 58336, 59547.

Decided June 22, 1983. Decision after remand released on May 7, 1985.

Thomas Rasmusson, for plaintiffs.

McShane Bowie (by Keith P. Walker), for Keith F. and Margaret E. Cline.

Before: MacKENZIE, P.J., and R.B. BURNS and E.A. QUINNELL,^_ JJ.

_ Circuit judge, sitting on the Court of Appeals by assignment.

PER CURIAM.

In this case, this Court determined that plaintiffs-appellants' appeal was vexatious under the standard stated in GCR 1963, 816.5(1)(a), see Christensen v Christensen, 126 Mich. App. 640; 337 N.W.2d 611 (1983), and this Court assessed punitive damages against plaintiffs-appellants in an amount equivalent to defendants' expenses on appeal, including reasonable attorney's fees. This Court remanded the case to the circuit court, retaining jurisdiction, for determination of the amount of damages. The circuit court set damages at $8,910 at a hearing on December 14, 1984.

After review of the transcript of the hearing in circuit court on remand, we approve the trial court's determination of damages in the amount of $8,910, and further allow interest at the statutory judgment rate from December 14, 1983. We retain no further jurisdiction.