Opinion
No. 113622 (17).
October 12, 1999.
On order of the Court, the application for leave to appeal the November 16, 1998 decision of the Court of Appeals is considered, and it is DENIED because we are not persuaded that the questions presented should be reviewed by this Court. The motion to waive fees is considered and it is DENIED. Acting on its own initiative, the Court finds that the appeal is vexatious within the meaning of MCR 7.316(D)(1)(a). The matter is REMANDED to the Macomb Probate Court for a hearing and an award of (1) actual damages in the amount of the damages and expenses incurred by the personal representative in responding to this appeal, including reasonable attorney fees, and (2) damages pursuant to MCR 7.316(D)(1) in an amount equal to the actual damages. If the court is inclined to look to the estate for purposes of recovering the damages assessed, it shall look only to appellant's interest in the estate. Further, we DIRECT the clerks of the courts of the Macomb County Probate Court, the Michigan Court of Appeals, and this Court not to accept any pleadings or papers from appellant Paul W. Cousino in any file regarding the estate of Paul K. Cousino, deceased, until all previously outstanding sanctions, costs, and fees in those files have been paid.
We do not retain jurisdiction.
Cavanagh, J., would simply deny leave to appeal.
Court of Appeals No. 212281.