Opinion
365506 366777
10-07-2024
NOSSONAL KLEINFELDT v. NICOLE STERN
LC No. 2022-511266-DC
Michael F. Gadola Presiding Judge Stephen L. Borrello Mark T. Boonstra Judges
ORDER
The parties' competing motions to review costs under MCR 7.219(E) are DENIED.
The Court further concludes that the Clerk's Internal Operating Procedure MCR 7.219(A) does not violate MCL 600.2445. The discretion to tax costs set forth in MCL 600.24545 inherently rests in the judicial panel deciding the case. The Clerk's IOP properly recognizes its administrative role in taxing costs under MCR 7.219(D) and protects the panel's discretion to award costs to a party who has "improved his position on appeal," MCL 600.2445(2), through a motion to review the Clerk's taxation of costs-or declination to tax costs-under MCR 7.219(E).
See MCL 600.2445(1) ("Costs on appeal… shall be awarded in the discretion of the court."); MCL 600.2445(2) ("The appellant may be awarded costs…") (emphasis added).
Having reviewed its prior opinion in this matter, and the order denying the motion for reconsideration, the Court is unable to conclude that either party has improved its position relative to the other party. Accordingly, the Court declines to award costs to either party in its discretion.