HA v. DECINA

Full title: H.A. SMITH LUMBER HARDWARE CO., Plaintiff/Counter-Defendant/Appellee, v…

Court: Supreme Court of Michigan

Date published: Mar 21, 2008

480 Mich. 1132 (Mich. 2008)

Opinion

No. 128560.

March 21, 2008.

Reported below: 265 Mich App 380.

CAVANAGH, J.

Reconsideration Granted March 21, 2008.

On reconsideration, we remand this case to the Oakland Circuit Court to determine whether plaintiff HA Smith Lumber Hardware Company can recover attorney fees under its contract with defendant John Decina. Although attorney fees were not recoverable under the Construction Lien Act (CLA), MCL 570.1101 et seq., as held in our decision in this case, 480 Mich 987 (2007), they may be recoverable under the contract between the parties. Summary disposition entered at 480 Mich 987.

KELLY, J. (concurring).

I concur in the decision to grant the motion for reconsideration. But I dissent from the decision to remand the case to the trial court to consider whether plaintiff H.A. Smith Lumber Hardware Company can recover attorney fees. I would reinstate the award of attorney fees for the reasons stated in Justice CAVANAGH'S dissenting statement in this case, 480 Mich 987, 988 (2007).

I join the statement of Justice KELLY.

WEAVER, J. I would grant reconsideration and, on reconsideration, would grant leave to appeal.