Opinion
No. 124166.
February 27, 2004.
Leave to Appeal Denied.
No. 124166; reported below: 257 Mich App 22.
Because I agree with the Court of Appeals that the stipulated order dismissing plaintiff's tort claims and reflecting a settlement on plaintiff's contract claims is not a "verdict" for the purpose of MCR 2.403(O)(2), I concur with this Court's decision to deny plaintiff's application for leave to appeal. However, because I question the wisdom of imposing mediation sanctions where a plaintiff has collected more from the defendant than it would have if it had accepted the mediation evaluation, I would open an administrative file to address MCR 2.403(O)(2).
CAVANAGH and KELLY, JJ. We would grant leave to appeal.