Opinion
No. 142910.
September 21, 2011.
Order
SC: 142910, COA: 294956, Wexford CC: 06-019885-CE
On order of the Court, the application for leave to appeal the March 3, 2011 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals, for the reasons stated in the Court of Appeals dissenting opinion, and we REMAND this case to the Wexford Circuit Court for reconsideration of the defendants' motion for sanctions pursuant to MCR 2.114(D), (E), (F) and MCL 600.2591. On remand, if the circuit court again assesses sanctions, we direct the court to determine whether the plaintiffs' co-counsel at the time of the defendants' motion for summary disposition — James P. O'Neill and Robert Charles Davis — should be held jointly and severally liable for the assessment, along with the plaintiffs and their former attorney, Mark R. Dancer.
We do not retain jurisdiction.