Opinion
No. 115394.
September 12, 2000.
Appeal from COA: 210130, Michigan, Kent CC: 96-008387-CZ.
On order of the Court, the application for leave to appeal from the August 13, 1999 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE only that aspect of the Court of Appeals judgment that found the appeal vexatious. In light of the proofs regarding on-site sand that plaintiff did not use, and the excavation cost that plaintiff avoided by not excavating that sand, the defense appeal regarding the amount of damages was not vexatious. In all other respects, leave to appeal is DENIED because we are not persuaded that the questions presented should be reviewed by this Court.
On order of the Court, the application for leave to appeal from the August 13, 1999 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE only that aspect of the Court of Appeals judgment that found the appeal vexatious. In light of the proofs regarding on-site sand that plaintiff did not use, and the excavation cost that plaintiff avoided by not excavating that sand, the defense appeal regarding the amount of damages was not vexatious. In all other respects, leave to appeal is DENIED because we are not persuaded that the questions presented should be reviewed by this Court.