Opinion
No. 130377.
September 15, 2006.
Orders Granting Oral Argument in Cases Pending on Application for Leave to Appeal SC: 130377, COA: 255702, Ottawa CC: 02-043890-CE.
Orders Granting Oral Argument in Cases Pending on Application for Leave to Appeal September 15, 2006.
We direct the clerk to schedule oral argument on whether to grant the application or take other peremptory action. MCR 7.302(G)(1). The parties shall submit supplemental briefs within 28 days of the date of this order addressing whether attorney fees and costs may be assessed pursuant to MCR 2.405(D) in a case involving an equitable claim to quiet title, and whether the $3,000 offer in plaintiffs' counsel's letter of May 16, 2003, was an offer of judgment under MCR 2.405(A)(1), in light of that rule's requirement of a "sum certain," and given the plaintiffs' additional demand for a quitclaim deed. The parties should avoid submitting mere restatements of the arguments made in their application papers.