Opinion
No. 98-17
December 22, 1999.
On order of the Court, notice of the proposed changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, the following amendments of Rules 7.203 and 7.208 of the Michigan Court Rules are adopted, to be effective February 1, 2000.
[The present language is amended as indicated below.]
Rule 7.203 Jurisdiction of the Court of Appeals
(A) Appeal of Right. The court has jurisdiction of an appeal of right filed by an aggrieved party from the following:
(1) — (3) [Unchanged.]
(4) An order awarding or denying attorney fees and costs under MCR 2.403, 2.405, 2.625 or other law or court rule.
(B) — (F) [Unchanged.]
Rule 7.208 Authority of Court or Tribunal Appealed From
(A) — (H) [Unchanged.]
(I) Attorney Fees and Costs. The trial court may rule on requests for costs or attorney fees under MCR 2.403, 2.405, 2.625 or other law or court rule, unless the Court of Appeals orders otherwise.
STAFF COMMENT:
The amendments to MCR 7.203 and 7.208 deal with two issues regarding the relationship of appeals and orders awarding or denying attorney fees and costs.
One amendment concerns the authority of the trial court to rule on requests for sanctions when an appeal has been taken. See Co-Jo, Inc vStrand, 226 Mich. App. 108 (1997). New MCR 7.208(I) provides that the trial court has the authority to rule on such requests despite the pendency of an appeal.
Second, MCR 7.203(A) is amended to make orders awarding or denying sanctions appealable by right.
The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.