Leonard v. Leonard

Full title: Douglas Leonard v. Maryanne Carmella Leonard

Court: Court of Appeals of Michigan

Date published: Jan 25, 2023

No. 359382 (Mich. Ct. App. Jan. 25, 2023)

Opinion

359382

01-25-2023

Douglas Leonard v. Maryanne Carmella Leonard

Kathleen Jansen Presiding Judge

LC No. 2020-502459-DC

Kathleen Jansen Presiding Judge Deborah A. Servitto Michael F. Gadola Judges.

ORDER

Kathleen Jansen Presiding Judge

Appellee's motion for damages, including costs and reasonable attorney fees, resulting from a vexatious appeal under MCR 7.216(C)(1)(a) and (b) and MCR 7.211(C)(8) is GRANTED.

This matter is REMANDED to the trial court to determine the amount of actual damages, including attorney fees, incurred by appellee as a result of the vexatious appeal, and for entry of an order awarding appellee damages. See MCR 7.216(C)(2) ("The court may remand the case to the trial court or tribunal for a determination of actual damages."); BJ's &Sons Constr Co, Inc v Van Sickle, 266 Mich.App. 400, 413-414; 700 N.W.2d 432 (2005) (remand for trial court determination of proper amount of sanctions).

This matter is also REMANDED to the trial court for a determination whether punitive damages are appropriate, not to exceed the amount of actual damages. MCR 7.216(C)(2).

The Court retains no further jurisdiction.