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BlogsPublications | March 22, 2017
1 minute read

MSC denies leave after MOAA on whether attorney fees award should have been submitted to the jury

The Michigan Supreme Court has denied leave to appeal in Power Play International v. Reddy, No. 154347, following mini-oral argument on the question of whether the trial court erred in awarding attorney fees following a postjudgment hearing rather than submitting the issue to the jury as part of the plaintiffs' breach of contract claim. ​The plaintiffs' claim for attorney's fees was based on a settlement agreement that authorized "the prevailing party" to recover costs and attorney fees incurred in enforcing the agreement.  The Court of Appeals held in an unpublished opinion that the plaintiffs could not prove at trial that they were entitled to attorney fees because the settlement agreement explicitly stated that a party could not recover attorney fees until the party prevailed in the action to enforce the agreement.  Because the plaintiffs did not prevail in the action until the jury decided the issue of damages, the trial court did not err by holding an evidentiary hearing and subsequently granting plaintiffs’ post-judgment motion for contractual attorney fees.  

To read our previous blog post on the Michigan Supreme Court's grant of mini-oral argument, click here.