Opinion
362239
12-21-2022
Tyana A Young v. Brian K Harvey
LC No. 2021-001941-DC
Sima G. Patel Presiding Judge, Deborah A. Servitto, Elizabeth L. Gleicher Judges
ORDER
In lieu of granting the application, the Court orders, pursuant to MCR 7.205(E)(2), that the May 16, 2013 order of the Macomb Circuit Court hereby is VACATED IN PART only with respect to the amount of attorney fees awarded. Before assessing reasonable attorney fees, trial courts must address on the record certain factors to aid appellate review. Smith v Khouri, 481 Mich. 519; 751 N.W.2d 472 (2008); Prins v Michigan State Police, 299 Mich.App. 634, 642; 831 N.W.2d 867 (2013). Courts assessing fees should evaluate the factors set forth in Wood v Detroit Automobile Inter-Ins Exchange, 413 Mich. 573, 588; 321 N.W.2d 653 (1982), as well as the factors listed in Michigan Rule of Professional Conduct 1.5(a). Smith, 481 Mich. at 529-530. The case is REMANDED to the circuit court for it to review the pertinent factors and articulate on the record the basis for a fee award.
The Court retains no further jurisdiction.